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J. J. MUNIR
Rahul Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
HON'BLE J.J. MUNIR, J.
This writ petition is directed against an order dated 16.11.2022 passed by the Chairman, Uttar Pradesh Power Corporation Limited, Lucknow[‘the Corporation’ for short], punishing the petitioner, an Executive Engineer, with a censure and withholding of two increments with cumulative effect. Also under challenge is an appellate order dated 26.07.2023 passed by the Board of Directors of the Corporation, rejecting the petitioner’s departmental appeal against the punishment awarded by the Chairman of the Corporation.
2. The succinct facts giving rise to this petition are that the petitioner was selected by the Uttar Pradesh Electricity Service Commission and appointed a Sub-Divisional Officer on 23.05.2012 in the employ of the Corporation. The petitioner was promoted to the post of an Executive Engineer in due course. He is currently posted in the District of Varanasi. The petitioner was earlier posted at Prayagraj during the years 2020-21. At the time he was posted at Prayagraj, an order dated 24.07.2021 was issued by the Managing Director of the Purvanchal Vidyut Vitran Nigam Limited, Varanasi, [‘the Distribution Corporation’ for short], directing the pet
Disciplinary inquiries must adhere to procedural fairness, requiring the establishment to prove charges through evidence; failure to do so invalidates the inquiry and any resultant punishment.
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....
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....
Disciplinary inquiries must adhere to procedural safeguards, including the presentation of evidence, especially in cases involving major penalties.
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....
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 involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
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, 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 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....
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