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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Karunesh Singh Pawar,J.
Yogendra Bhadauriya – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Geology And Mini. Lko – Respondent
JUDGMENT :
Karunesh Singh Pawar, J.
1. Heard learned counsel for the petitioner Mr.I.M.Pandey, learned Standing Counsel for the State as also Mr. R.K. Upadhyaya, learned counsel appearing on behalf of U.P. Public Service Commission.
2. The petitioner, in the petition, has prayed for issuance of a writ in the nature of certiorari quashing impugned order dated 9.9.2024 whereby the respondent No.1 has imposed punishment of stoppage of two increments for two years along with censure entry against the petitioner.
A further prayer for issuance of a writ of mandamus directing respondents not to take any action against the petitioner on the basis of impugned order dated 9.9.2024 with another direction to the respondents to open sealed cover of petitioner's promotion to the post of Geologist and to implement the recommendation of the promotion committee ignoring the impugned order, Annexure-1 has also been sought.
3.The petitioner's counsel has assailed the impugned order dated 9.9.2024 on two grounds. Firstly, the enquiry conducted by the enquiry officer is dehors the provisions of Rule 7 of U.P. Government Servant (Discipline & Appeal) Rules, 1999 (in short, 1999 Rules), and secondly, while pa
Disciplinary proceedings must adhere to statutory procedures; failure to follow due process invalidates the punishment imposed on a government servant.
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 court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
It is not merely the duty of the inquiry officer to comply with the Rule 7 but also the duty of the punishing authority, while passing order of punishment, to ensure that the inquiry is conducted as ....
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
Enquiry proceedings must adhere to the Service Rules and principles of natural justice. Non-furnishing of the enquiry report creates an adverse inference against the opposite parties.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
District Inspector of Schools - Charge that he granted permission/ approval for payment of salary to one Class C and three Class D employees appointed in educational institutions Enquiry officer fixe....
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