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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.Munir
Jai Prakash – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This judgment will dispose of Writ-A No.15765 of 2014 and Writ-A No.51031 of 2015 but not Writ-A No.20351 of 2022. Writ-A No.15765 of 2014 has been instituted by Jai Prakash, a class IV employee with the Vikramaditya Inter College, Sikandra, Allahabad (now Prayagraj), which was earlier called the Janta Inter College, Sikandra, Allahabad. The petitioner, Jai Prakash, questions through this writ petition the order dated 01.12.2014 passed by the Principal of the aforesaid College, removing him from service after holding disciplinary proceedings. Writ-A No.51031 of 2015 has been instituted by Nanku Ram, another Class-IV employee, a Mali, with the Vikramaditya Inter College, Sikandra, Allahabad (for short, 'the Institution'), impugning the order of the Principal of the Institution dated 07.10.2013, terminating his service, also after holding disciplinary proceedings. Also under challenge in this writ petition by the petitioner is the order of the Committee of Management of the Institution dated 19.07.2015, dismissing his appeal from the Principal's order, terminating his services. Writ-A No.20351 of 2022 has been instituted by Nanku Ram and Jai Prakash jointly
Procedural irregularities and lack of substantial evidence in disciplinary proceedings lead to wrongful termination; principles of natural justice must be upheld to ensure fair treatment of employees....
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
Termination without adequate evidence and disregard for fair procedures violates principles of natural justice.
Disciplinary proceedings must adhere to principles of natural justice, including proper notice and opportunity for defense, especially when imposing major penalties.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
The termination order was found to be arbitrary, unjust, and against the principles of natural justice, leading to its setting aside and the reinstatement of the petitioner.
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
Procedural compliance with Regulations 35 to 37 of the U.P. Intermediate Education Act is essential in conducting inquiry proceedings and issuing termination orders.
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