Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Naipal Singh – Appellant
Versus
U.P.Housing And Development Board Thru Secy. – Respondent
1. Heard Sri Gaurav Mehrotra assisted by Ms. Rani Singh, learned counsel for the petitioner and Sri Puneet Chandra, learned counsel for the opposite parties.
2. The order under challenge is a dismissal order dated 29.7.2004 (contained as Annexure no. 1) passed by the opposite party no. 2, i.e. Housing Commissioner, U.P. Housing and Development Board, Lucknow.
3. Before adverting to the facts and merits of this case it is to indicate that the petitioner Naipal Singh who filed this writ petition has died and his wife Smt. Karuna Singh has been substituted on 25.7.2022.
4. It is also relevant to indicate that the judgment and order of this Court was reserved on 2.11.2022 and the same was pronounced on 29.5.2023 dismissing the writ petition vide judgment and order dated 29.5.2023. Challenging the judgment and order dated 29.5.2023, Special Appeal No. 402 of 2023 was filed before the Division Bench of this Court and the Division Bench disposed of the special appeal finally vide order dated 10.8.2023 setting aside the judgment and order dated29.5.2023 remanding back the matter to the writ court to decide this writ petition afresh.
5. Sri Gaurav Mehrotra has submitted that the impugned dismis
Departmental inquiries must adhere to prescribed procedures, and disproportionate punishment violates principles of natural justice.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and examination of evidence, as mandated by applicable regulations.
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.
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.
oral inquiry is a serious flaw which can vitiate the order of disciplinary proceeding including the order of punishment
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
