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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Sripal Giri – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order passed by the Joint Commissioner (Commercial Tax), holding charge of the Deputy Commissioner (Administration), Commercial Tax, NOIDA dated 19.07.2012 to the extent it punishes the petitioner after disciplinary proceedings.
2. The facts, giving rise to this writ petition, are necessary to recount, notwithstanding the fact that the issue involved here is limited. The petitioner is a Sewak (Class-IV employee) in the service of the Trade Tax Department and posted in the NOIDA Region, District Gautam Budh Nagar. In the night intervening 06/07.07.1995, the petitioner was posted at the Mohan Nagar, Ghaziabad Check-post along with two other Sewak, Ram Swarup and Kushalpal. The allegation against the petitioner was that along with the two other Sewak, he permitted a vehicle, bearing Registration No. DL-G/9490, to pass through the Check-post without checking its papers. The petitioner was placed under suspension pending inquiry along with Ram Swarup, one of the two other Sewak, vide order dated 27.12.1995. He was served with a charge-sheet on 25.10.1999. The petitioner filed his reply on 01.02.2000, denying the charges
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
The duty of the competent authority to consider and pass specific orders regarding pay, allowances, and the treatment of the suspension period as duty, and the principles of natural justice in afford....
Employment and service matter - Wages - No substantial difference between Rule 54 and Rule 54-A of Fundamental Rules, except that in one case, reinstatement is in consequence of an order made in depa....
Disciplinary proceedings must be supported by evidence, and penalties must be proportionate to the misconduct; employees reinstated after wrongful removal are entitled to full pay and allowances unle....
The central legal point established in the judgment is the interpretation and application of Rule 54 of the Rules, emphasizing the importance of principles of natural justice in disciplinary proceedi....
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
Point of Law : Memorial Authority has been expressly conferred power under Rule 40 of the CDA Rules, which enables a party aggrieved with the order passed by the Appellate Authority to approach the M....
The court ruled that a government servant's suspension period must be treated as on duty with full pay if acquitted of charges and if disciplinary proceedings result in a minor penalty.
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