J. J. MUNIR
Nagendra Narayan Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This judgment will decide the present writ petition and connected Writ-A No. 2255 of 2024. Since affidavits have been exchanged in Writ-A No. 18422 of 2023, the said petition will be treated as the leading petition and facts noticed from the pleadings there.
2. The petitioner substantially seeks to challenge an order dated 4.9.2023 passed by the State Government, punishing him with the award of a censure after disciplinary proceedings. He also challenges the result of the Departmental Promotion Committee held on 5.9.2023, by which respondent No. 3, an Officer junior to him, has been promoted to the post of a Chief Development Officer/Joint Development Commissioner/Joint Commissioner. The petitioner further prays that a mandamus be issued by this Court, ordering the State Government, represented by the Principal Secretary, Rural Development and the Commissioner, Rural Development, to consider the petitioner's name for promotion before the third respondent and others junior to him.
3. In the connected writ petition, the petitioner challenges an order passed by the State Government dated 4.10.2023, rejecting a representation made by the petitioner against the
Arulvelu v. State Rep. by Public Prosecutor
General Manager (P), Punjab & Sind Bank v. Daya Singh
Madhya Pradesh Industries Ltd. v. Union of India
Mahabir Prasad Santosh Kumar v. State of U.P. and others
Disciplinary actions must be supported by clear reasoning; failure to provide reasons renders such actions invalid.
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
The punishment of censure has no currency and cannot affect promotion eligibility if the misconduct occurred more than five years prior to the crucial date.
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
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