Disciplinary inquiries must adhere to natural justice principles; courts will not interfere unless there is substantial procedural error, arbitrary conduct, or failure to provide adequate opportunity to defend.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Petitioner while working as Secretary in Sadhan Sahkari Samit Karaura, Bulandshahar was dismissed from services vide order dated 01.06.2022 for repeated instance of embezzlement.

2. Aforesaid order was challenged by the petitioner by way of a statutory appeal and by order dated 10.01.2005, order under appeal was set aside and matter was remitted back to District Administrative Committee to pass a fresh order.

3. The District Administrative Committee passed an order dated 03.06.2006 whereby the petitioner was again dismissed from services.

4. Challenge to it by way of statutory appeal was failed vide order dated 18.06.2008.

5. In aforesaid circumstances, petitioner preferred a Writ A No. 53113/2008 against orders dated 03.06.2006 and 18.06.2008 which was allowed by this Court vide order dated 26.07.2010 whereby both orders were set aside. For reference, relevant part of order is quoted below:-

“In view of the aforesaid admitted and conceded position that the proceedings are vitiated and have been conducted in violation of principles of natural justice, there is no option but to set aside the order dated 3.6.2006 as well as the appellate order dated 18th June, 2008. Accordingly the said orders are quashed.

The proceedings shall be initiated against the petitioner by the District Administrative Committee after providing an opportunity to the petitioner to submit his defence against the two charge sheets on which reliance has been placed by the respondents. The petitioner shall be afforded reasonable opportunity and also shall be allowed to access to the documents which may be necessary for his defence. The District Administrative Committee shall apprise the petitioner of about the documents which are required by him in writing and the District Administrative Committee shall thereafter proceed to take a decision in the matter.

Learned counsel for the petitioner contends that the petitioner is to retire shortly. In view of the aforesaid position, it is provided that the District Administrative Committee shall proceed to conclude the proceedings as expeditiously as possible preferably within three months from today.

In case, the respondents choose to consider the petitioner still under suspension then in that event the petitioner shall be entitled to his subsistence allowance from the concerned society.

The writ petition is accordingly allowed.”

6. In pursuance of above order, petitioner was allowed to rejoin, however, by order dated 26.08.2010, he was again put under suspension and on same day, earlier issued charge sheet and supplementary charge sheet were also served.

7. It is a case of petitioner that he has submitted repeated letters dated 31.08.2010, 25.09.2010, 27.09.2010, 07.10.2010, 25.10.2010 and 29.10.2010 and demanded necessary documents, however, according to petitioner, it were never supplied.

8. The District Administrative Committee submitted an inquiry report and adopted a Resolution dated 08.01.2011 and its relevant part being ^^fopkj.k** is as follows :-

9. The petitioner was thereafter dismissed from services vide order dated 15.01.2011. Relevant part thereof is mentioned below :-

10. Aforesaid order is impugned in this writ petition.

11. Sri Sujeet Kumar, learned counsel for petitioner has submitted that directions passed in the order dated 26.07.2010 passed by this Court was not complied with as well as inquiry was continued even after petitioner has attained age of superannuation, which was legally impermissible.

12. Learned counsel has further submitted that despite various communications, relevant documents were not provided, as such, direction of