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PRAKASH PADIA
Himmat Bahadur – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Prakash Padia, J.
Heard Shri. Ashok Khare, learned Senior Counsel assisted by Mohd. Yasheen, learned counsel for the petitioner, learned Standing Counsel for the respondent-State and perused the records.
2. The petitioner has preferred present writ petition inter-alia with the following prayers :-
3. The facts in brief as contained in the writ petition is that petitioner was appointed on 01.08.1988 as Collection Amin in the Revenue Department of the State and he is continuing in service. In March, 2016 he was granted promotion as Revenue Inspector and in July, 2022 he was promoted on the post of Tehsildar. The respondent no.2 namely Commissioner & Secretary, Board of Revenue, U.P., Lucknow instituted departmental proceedings against the peti
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
Disciplinary proceedings must adhere to procedural rules and principles of natural justice, ensuring the charged employee has the opportunity to defend themselves.
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
Point of law: Whenever an inquiring authority is to be appointed for conducting enquiry under the said rules, they are also requested to bring these instructions to the notice of their subordinates f....
Disciplinary proceedings against government employees must adhere to procedural rules and principles of natural justice; failure to do so, especially with unexplained delays, renders the inquiry inva....
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
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