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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
MANISH MATHUR
Ram Prakash Mishra – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Transport Lko – Respondent
| Table of Content |
|---|
| 1. petition challenges disciplinary proceedings. (Para 2 , 3 , 4) |
| 2. allegations of procedural violation by the authority. (Para 5 , 6) |
| 3. state's counterarguments on disciplinary actions. (Para 7 , 8 , 9) |
| 4. inquiry report exonerates petitioner from charges. (Para 10 , 11 , 12 , 13 , 14) |
| 5. requirement for disciplinary authorities to record reasons. (Para 15 , 16 , 17 , 18 , 19) |
| 6. natural justice demands opportunity for the accused. (Para 20 , 21 , 22) |
| 7. misconduct needs intentional wrongdoing for punishment. (Para 23 , 24 , 25 , 26) |
| 8. writ issued to quash disciplinary order. (Para 28 , 29) |
JUDGMENT :
Manish Mathur, J.
1. Heard Mr. Hari Prasad Gupta, learned counsel for petitioner and Ms Parul Bajpai, learned Additional Chief Standing Counsel for the opposite parties.
2. Petition has been filed challenging order dated 18.05.2022 along with the endorsement letter dated 02.08.2023 whereby petitioner has been visited with major penalty of withholding of two increments with cumulative effect. Further prayer for a direction to concerned authorities to extend all the incidental and consequential service benefits withheld due to impugned punishment order has also been sought.
3. I
Disciplinary authorities must adhere to procedural requirements and ensure natural justice, especially when disagreeing with inquiry findings.
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
The failure to provide a show cause notice and opportunity of hearing before removal from service violates principles of natural justice and is rendered vitiated, as mandated by Article 311 and Rule ....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The reviewing authority must provide adequate justification for enhancing punishment in disciplinary proceedings, adhering to principles of natural justice.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
Disciplinary proceedings must adhere to established rules, and penalties cannot be imposed for uncharged allegations without proper justification.
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