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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manish Kumar Nigam,J.
Jawahar Lal Gupta – Appellant
Versus
State Of U.P.Through Secy Food And Civil Supplies – Respondent
1. This writ petition has been filed for issuance of writ, order or direction in the nature of certiorari quashing the impugned order dated23.02.2004 (Annexure No. 1 to the writ petition.)
2. Brief facts of the case are that the petitioner was appointed as Supply Inspector on 16.05.1973. In the year 1984, the petitioner was posted as Supply Inspector at Kanpur. By the order dated 05.04.1999 passed by the Commissioner, Food & Civil Supplies, Uttar Pradesh- respondent no. 2, the petitioner was placed under suspension. The Regional Food Controller, Jhansi was appointed as Inquiry Officer by the order dated 05.04.1999. The Regional Food Controller, Jhansi issued a charge-sheet dated 21.01.2000 to the petitioner containing two charges. The petitioner was directed to submit its reply within two weeks from the date of receipt of the charge sheet and, in case, no reply was submitted by the petitioner within the time limit prescribed then, it will be deemed that petitioner has nothing to say in the matter. After receiving the charge- sheet, the petitioner wrote a letter to the Inquiry Officer on 06.04.2000 mentioning therein that the charge-sheet was received by the petitioner on 03.04.2000
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....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
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