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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Sharda Prasad Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's removal from service challenged due to procedural flaws. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. denial of opportunity to contest charges undermines fairness. (Para 10 , 11 , 12) |
| 3. lack of evidence for service of charge-sheet vitiates proceedings. (Para 13 , 14 , 15) |
| 4. failure to produce evidence in inquiry violates natural justice. (Para 18 , 19 , 20) |
| 5. inquiry must adhere to principles of evidence and natural justice. (Para 21 , 22) |
| 6. writ petition allowed; orders quashed with directions for reinstatement. (Para 23 , 24 , 25) |
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order passed by the Senior Divisional Manager, Life Insurance Corporation of India, Gorakhpur dated 10.06.2021, removing the petitioner from service, after disciplinary proceedings. The petitioner also impugns the order dated 31.01.2023 passed by the Zonal Manager, Life Insurance Corporation of India, Kanpur, rejecting the petitioner's appeal and affirming the order of removal. The petitioner further questions an order dated 20.06.2023 passed by the Chairman, Life Insurance Corporation of India, Central Office, Mumbai, rejecting the petitioner's memorial and affirming
Denial of opportunity and lack of evidence in disciplinary proceedings violate principles of natural justice, invalidating the inquiry and removal order.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
In disciplinary proceedings involving major penalties, the burden of proof lies with the establishment to substantiate charges through a fair inquiry process that includes the presentation of evidenc....
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
In cases involving the imposition of a major penalty, the establishment must prove charges by examining evidence, particularly witnesses, and adhere to the principles of natural justice in the domest....
The inquiry process for major penalties must adhere to principles of natural justice, requiring evidence from the Establishment and proper notice to the accused.
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