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J. J. MUNIR
Gauri Shukla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(J.J. Munir, J.)
This writ petition is directed against an order passed by the Executive Officer, Nagar Panchayat Tirwaganj, District Kannauj dated 29.9.2023, dismissing the petitioner, a Class-IV employee (peon) from service after disciplinary proceedings.
2. Admittedly, the petitioner's deceased husband, Atul Kumar Shukla was an employee of the Nagar Panchayat, Tirwaganj, District Kannauj. He died in harness. While the late Atul Kumar Shukla was around, the petitioner and her husband had some marital discord, on account of which the petitioner went over to her parents' place alongwith her sons Kartik Shukla, a boy aged 15 years and Raghav Shukla, who was still younger and aged 10 years. It is the petitioner's case that taking advantage of the discord between parties and to grab the late Atul Kumar Shukla's estate, the deceased's mother and brother made him execute a Will dated 1.6.2018 in favour of his mother, Abhilasha Devi, carrying terms to the effect that after his demise, all his movable and immovable property, proceeds of insurance, provident fund and agricultural land, situate at Mudarawang, Tehsil Tirwaganj, would vest exclusively in the testator's mother, who wo
Disciplinary proceedings must adhere to principles of natural justice, including proper notice and opportunity for defense, especially when imposing major penalties.
In disciplinary proceedings involving major penalties, the burden of proof lies with the establishment to substantiate charges through a fair inquiry process that includes the presentation of evidenc....
A disciplinary inquiry must follow procedural fairness, including the establishment's burden to prove charges through evidence, especially when major penalties are at stake.
A fair inquiry process is essential in disciplinary proceedings, and failure to adhere to procedural requirements can invalidate dismissal orders.
The main legal point established in the judgment is that the failure to conduct a proper departmental enquiry, especially in cases involving major penalties, violates the principles of natural justic....
The inquiry process for major penalties must adhere to principles of natural justice, requiring evidence from the Establishment and proper notice to the accused.
The main legal point established in the judgment is the requirement for a formal inquiry in matters involving the imposition of a major penalty, with the burden of proof on the Establishment to produ....
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.
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