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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Anubhav Kumar – Appellant
Versus
U.P. Power Corporation Limited – Respondent
JUDGMENT :
J.J. MUNIR, J.
1.This writ petition is directed against an order dated 26.11.2021 passed by the Managing Director, Dakshinanchal Vidyut Vitran Nigam Limited, Agra, punishing the petitioner with the withholding of two increments with cumulative effect and directing recovery of a sum of Rs.8,00,307 as miscellaneous advance, after holding disciplinary proceedings. The said order has been upheld in appeal by the Chairman, Uttar Pradesh Power Corporation Limited, Lucknow vide order dated 11.11.2024, dismissing the petitioner's appeal on the ground of delay.
2. The petitioner is an Executive Engineer in the employ of the Uttar Pradesh Power Corporation Limited, Lucknow [‘Corporation’] For the present, he is for short serving an an Executive Engineer since the 2nd July, 2024 at the Electricity Urban Distribution Division, Daliganj, Lucknow Electricity Supply Administration, Trans Gomati, Lucknow.
3. The proceedings giving rise to the writ petition relate to the period of time when the petitioner was posted as the Executive Engineer at Mauranipur, District Jhansi under the immediate control of the Managing Director, Dakshinanchal Vidyut Vitran Nigam Limited, Agra. [‘Distribution Cor
Disciplinary inquiries must adhere to procedural safeguards, including the presentation of evidence, especially in cases involving major penalties.
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
The necessity for the employer to discharge their burden before the Inquiry Officer by leading documentary as well as oral evidence to prove the charges, particularly in cases likely to lead to the i....
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....
The establishment has the burden of proving the charges against the delinquent employee by leading oral evidence, in addition to documentary evidence, in a disciplinary inquiry that may result in the....
The duty of the establishment to produce witnesses and evidence in departmental inquiries, especially in cases involving a major penalty, and the inadmissibility of hearsay evidence.
Disciplinary inquiries must adhere to procedural fairness, requiring the establishment to prove charges through evidence; failure to do so invalidates the inquiry and any resultant punishment.
The inquiry process for major penalties must adhere to principles of natural justice, requiring evidence from the Establishment and proper notice to the accused.
In disciplinary proceedings involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
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