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J. J. MUNIR
Neetu Chaudhary – Appellant
Versus
State of UP – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order of the Managing Director, U.P. Power Corporation Limited, Lucknow (for short, ‘the Corporation’) dated 12th October, 2023 dismissing the petitioner from service and directing recovery of a sum of Rs. 37,94,105/- from the him on account of loss caused to the Corporation. Also, under challenge is an appellate order dated 29.08.2024 passed by the Chairman of the Corporation dismissing the petitioner’s departmental appeal and affirming the order of first instance passed by the Managing Director.
2. Shorn of unnecessary details, the petitioner was an Office Assistant-III in the Office of the Executive Engineer Electricity Urban Distribution Division-I, Noida. The petitioner’s case is that she was given financial duties within three months of joining service contrary to the Corporation’s Circular dated 05.03.1994 which provides for assignment of financial duties to employees after they have put in at least ten years of service. The petitioner was given charge of capital accounts and also mediclaims besides G.P.F. She was also given duties of revenue collection from consumers. The petitioner was asked by the Executi
The inquiry process for major penalties must adhere to principles of natural justice, requiring evidence from the Establishment and proper notice to the accused.
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
In disciplinary inquiries, the establishment must prove charges through adequate evidence, and failure to provide a fair opportunity for the accused to defend themselves constitutes a violation of na....
The necessity for the employer to discharge their burden before the Inquiry Officer by leading documentary as well as oral evidence to prove the charges, particularly in cases likely to lead to the i....
Disciplinary inquiries must adhere to procedural safeguards, including the presentation of evidence, especially in cases involving major penalties.
The main legal point established in the judgment is the obligation of the establishment to produce witnesses and documentary evidence to prove charges in a departmental enquiry, especially in cases t....
The duty of the establishment to produce witnesses and evidence in departmental inquiries, especially in cases involving a major penalty, and the inadmissibility of hearsay evidence.
In disciplinary proceedings, the employer must prove charges through evidence, including witness testimonies, especially when imposing major penalties, to ensure adherence to principles of natural ju....
In disciplinary proceedings involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
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