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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar
Dharm Dev Maurya – Appellant
Versus
State of UP – Respondent
| Table of Content |
|---|
| 1. assessment of disciplinary proceedings and procedural rules. (Para 2 , 3) |
| 2. arguments presented by both parties. (Para 4) |
| 3. court's evaluation of the disciplinary authority's actions. (Para 5 , 6 , 8 , 9 , 10 , 11) |
| 4. court's directive regarding procedural conformity. (Para 7) |
| 5. final ruling and quashing of the disciplinary order. (Para 12) |
JUDGMENT :
Hon'ble Ajit Kumar, J.
1. Heard Shri Vibhu Rai and Shri Upendra Singh, learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel appearing for the State-respondent.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dated 03.12.2020 passed by the Under Secretary, Government of Uttar Pradesh issuing him warning as a sequel to the disciplinary proceeding accepting the domestic inquiry report and directing for reinstatement of the petitioner revoking the order of suspension. Assailing the order dated 03.12.2020, three fold arguments have been advanced by learned counsel for the petitioner:
(A) Once the disciplinary authority has proceeded to accept the domestic inquiry report in which the delinquent employee was exonerated of the charge
Disciplinary authorities must adhere to procedural regulations and cannot impose penalties not prescribed in discipline rules, ensuring due process and fairness.
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....
Disciplinary authorities must act independently and not under external influence when imposing punishments.
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 court established that adherence to procedural requirements in disciplinary actions, as outlined in the relevant rules, is essential for the validity of imposed penalties against police officers.
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....
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