J. J. MUNIR
Rakesh Chandra Jauhari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(J.J. Munir, J.)
This writ petition is directed against an order of the Chief General Manager, Pradeshik Cooperative Dairy Federation Limited, Lucknow dated 10.3.2016, punishing the petitioner with reduction to his basic scale, after disciplinary proceedings.
2. The petitioner is a retired employee of the Pradeshik Cooperative Dairy Federation (for short, 'PCDF'), which is a State Government undertaking, funded and supported by the Government in the Ministry of Dairy Development. The petitioner appears to have joined the PCDF in the year 1985 on the post of an Accounts Assistant at District Varanasi as a regular employee. He put in more than thirty years' service before superannuating on 31.8.2017. At the time of his retirement, he was posted as an Accounts Assistant with the Cattle Feed Factory, PCDF, Ram Nagar, Varanasi. The petitioner says that he had an unblemished career until the fateful proceedings. Disciplinary proceedings were instituted against the petitioner on the 12th of August, 2013. He was suspended from service pending inquiry. An Inquiry Officer was appointed. The Inquiry Officer served the petitioner with a charge-sheet, carrying a total of seven charges.
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Disciplinary proceedings must adhere to procedural safeguards, including witness examination, and failure to do so renders penalties invalid.
An employer can impose only one penalty under Regulation 84, and the burden of proof lies with the employer in disciplinary proceedings.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
Disciplinary inquiries must adhere to procedural safeguards, including the presentation of evidence, especially in cases involving major penalties.
Point of law: Admittedly no specific charges were leveled against the petitioner by means of charge-sheet on which the inquiry officer has given that findings, therefore, to that extent such findings....
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 actions must strictly adhere to statutory procedures; failure to do so renders penalties invalid.
The establishment has the burden of proving the charges against the delinquent employee by leading oral evidence, in addition to documentary evidence, in a disciplinary inquiry that may result in the....
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
Disciplinary proceedings must adhere to established rules, and penalties cannot be imposed for uncharged allegations without proper justification.
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