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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
Jagmohan – Appellant
Versus
State Of U.P – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings must follow valid procedures. (Para 1 , 2) |
| 2. administrative authorities often violate procedural norms. (Para 3 , 10 , 11) |
| 3. the petitioner denies charges and claims good faith. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. inquiry procedures must adhere to established rules. (Para 12 , 13 , 14) |
| 5. failure to provide a fair hearing invalidates the inquiry. (Para 15 , 16 , 17) |
| 6. retirement impacts the nature of disciplinary proceedings. (Para 18 , 19 , 20) |
| 7. court reviews procedural compliance and case merits. (Para 21 , 22 , 23) |
| 8. procedural lapses undermine the validity of disciplinary actions. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 9. court quashes flawed disciplinary orders and mandates compliance. (Para 35 , 36) |
| 10. no costs awarded, and compliance with law is emphasized. (Para 37 , 38) |
1. This writ petition is directed against the order of the Sub- Divisional Officer, Koraon, District Prayagraj dated 16.04.2024, punishing the petitioner, a Lekhpal, after holding disciplinary proceedings and the further order of the Sub-Divisional Officer, Koraon, Prayagraj dated 30.04.2024, modifying the last mentioned order. By the order dated 16.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
Point of Law - It is a settled legal proposition that, once the Court set asides an order of punishment on the ground, that the enquiry was not properly conducted, the Court should not severely precl....
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 emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
Disciplinary proceedings must adhere to procedural rules and principles of natural justice, ensuring the charged employee has the opportunity to defend themselves.
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.
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