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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR
Aish Mohammad – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. commencement of the judgment and consideration of the parties' submissions. (Para 1) |
| 2. overview of the disciplinary proceedings against the petitioner. (Para 2) |
| 3. procedural flaws in disciplinary inquiry (Para 3 , 4 , 5 , 6) |
| 4. right to oral inquiry as per natural justice (Para 7 , 8 , 9) |
| 5. mandatory evidence examination in inquiries (Para 10 , 11) |
| 6. order quashed, fresh inquiry mandated (Para 12 , 13 , 14) |
| 7. final disposition of the original records. (Para 15) |
JUDGMENT :
Ajit Kumar, J.
1. Heard learned counsel for the parties and perused the records.
2. Learned Standing Counsel has placed before this Court the original records relating to the disciplinary proceedings drawn against the petitioner pursuant to the order dated 1st July, 2025 and before the Court opens the original records, learned Standing Counsel fairly concedes that no oral hearing was conducted in the matter of departmental inquiry/ domestic inquiry conducted by the inquiry officer.
3. Upon perusal of the records it transpires that petitioner was issued with a chargesheet on 6th December, 2022 inviting his explanation by the inquiry officer vide letter dated 25th March, 2023. Since petitioner did not s
Disciplinary proceedings necessitate oral inquiry when major penalties are imposed; failure to conduct such inquiry violates principles of natural justice.
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
Penalty – Recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory – Even in an ex-parte inquiry, it is sine qua non to record evidence of witnesses for....
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
In disciplinary proceedings, the employer must prove charges through evidence, including witness testimonies, especially when imposing major penalties, to ensure adherence to principles of natural ju....
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
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.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
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