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IN THE HIGH COURT OF ALLAHABAD
Manish Mathur
Rajendra Kumar Jain – Appellant
Versus
State of U.P.Thru Secy. Irrigation Deptt. Lucknow – Respondent
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| 1. (Para 1 , 2 , 4 , 6 , 7 , 8 , 14 , 15 , 18 , 24 , 28 , 29) |
JUDGMENT :
Manish Mathur,J.
1. Heard Ms. Alka Verma, assisted by Mr. Tanay Hazari, learned counsel for petitioner and Mr. Sandeep Sharma, learned State counsel for opposite parties.
2. Writ Petition No.7437 (S/S) of 1992 has been filed challenging the punishment order dated 29.09.1992 whereby punishment of removal from service has been inflicted upon petitioner.
3. Writ-A No. 5314 of 2002 has been filed with regard to consequential benefits sought in case the petition of 1992 succeeds.
4. It has been submitted that earlier while in service, petitioner was issued a charge sheet dated 27.01.1976 thereby instituting the disciplinary proceedings against him whereafter an inquiry report was submitted holding petitioner guilty of charges levelled against him. On the basis of inquiry report, punishment order dated 02.12.1980 was passed against petitioner dismissing him from service. The said order was thereafter challenged by petitioner before the State Public Services Tribunal in Claim Petition No.173/F/iv of 1981. The said claim petition was allowed by means of judgment and order dated 29.10.1983 primarily on the g
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 ....
Disciplinary authorities must adhere to procedural requirements and ensure natural justice, especially when disagreeing with inquiry findings.
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 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 main legal point established in the judgment is the obligation of the authorities to adhere to the principles of natural justice and provide a reasonable opportunity of being heard to the employe....
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
Procedural irregularities in disciplinary proceedings require a fresh issuance of show cause notice for fair adjudication.
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