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IN THE HIGH COURT OF ALLAHABAD
VIKRAM D.CHAUHAN
Hari Shankar Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. initial proceedings and factual background (Para 1) |
| 2. background of disciplinary proceedings against the petitioner. (Para 2 , 3 , 5) |
| 3. petitioner's arguments regarding misconduct and responsibility. (Para 4 , 17) |
| 4. appellant's arguments against charges (Para 10 , 12) |
| 5. court findings and observations on evidence (Para 14) |
| 6. findings from the enquiry report on misconduct. (Para 15 , 21 , 22) |
| 7. final order to set aside the compulsory retirement. (Para 24) |
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard Sri Gulrez Khan, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Rohit Pandey, learned counsel for the respondent-University.
2. The present writ petition has been preferred challenging the order dated 6.6.2019 passed by respondent no. 3 and order dated 10.11.2020 passed by the Disciplinary Committee as well as resolution dated 10.11.2020. Further, prayer has been made in writ petition for directing respondents to treat the petitioner in service till the date of retirement i.e. 31.10.2019 and pay arrears of salary for the period 6.6.2019 to 31.10.2019 and further all consequential benefits.
3. The petitioner was initially appointed
In disciplinary actions, individual misconduct must be clearly established to justify severe penalties such as compulsory retirement and deduction of gratuity.
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
Disciplinary authority must supply enquiry report to employee before forming punishment opinion; failure breaches natural justice without needing prejudice proof; proceedings remanded for compliance.
Disciplinary proceedings must adhere to procedural fairness, but the absence of witness examination does not automatically void an inquiry if the charged party fails to propose witnesses.
The judgment established the central legal point that the violation of principles of natural justice, including the denial of an opportunity to respond to the charges before initiating an enquiry and....
Disciplinary proceedings must adhere to established procedures, including notice and opportunity to defend, to ensure compliance with natural justice.
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