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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Avesh – Appellant
Versus
U.P. Avas Evam Vikas Parishad – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Apoorva Tewari, learned counsel for the petitioner and Sri Rama Pati Shukla (R.P. Shukla), learned counsel for the opposite parties.
2. Sri R.P. Shukla, learned counsel for the opposite parties has filed counter affidavit, the same is taken on record and the rejoinder affidavit thereof has already been filed, which is on record.
3. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(a) to issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 21.01.2025 passed by the Respondent No.2 as contained in Annexure No.1 to the writ petition;
(b) to issue a writ, order or direction in the nature of certiorari to quash the impugned office order dated 22.02.2024 passed by the Respondent No.2, after summoning the original from the respondents;
(c) to issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to reinstate the petitioner in service and to pay full salary to the petitioner for the period the petitioner remained under suspension."
4. So far as the Prayer No.(b) of the writ petition is concerned, Sri R.P. Shukla has informed, on the bas
Disciplinary authorities cannot initiate a de-novo inquiry after prior exoneration without legal basis, affirming the need for adherence to established procedures in disciplinary actions.
The Disciplinary Authority cannot order denovo inquiry under Rule 14 and 15 of CCS (CCA) Rules, 1965, unless there has been no proper inquiry due to serious defects or unavailability of important wit....
Disciplinary Authority cannot order de-novo inquiry under CCS (CCA) Rules upon dissatisfaction with Inquiry Officer's report; must proceed per Rule 15 by providing disagreement reasons or directing f....
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
The main legal point established in the judgment is that when a certain act is required to be done in a certain way, it should be done in that way only and not in any other manner. The failure to com....
Action to initiate a de novo enquiry on the same charges after completion of the earlier enquiry culminating with findings of exoneration of the petitioner is wholly without jurisdiction and accordin....
The main legal point established is that conducting a denovo enquiry solely due to the Disciplinary Authority's disagreement with the Enquiry Officer's findings is impermissible. Additionally, the pr....
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