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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, AMITABH KUMAR RAI
State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Deptt. U.P. Govt. Lko – Appellant
Versus
Anshul Jagannath – Respondent
JUDGMENT :
Amitabh Kumar Rai, J.
1. Heard Shri S. M. Ryokwar, learned Additional Advocate General assisted by Shri Anirudh Singh, learned Standing Counsel appearing for the State-petitioners and Shri Ajay Shankar Tiwari, learned counsel for the respondent.
2. The instant writ petition has been filed seeking the relief for quashing the judgment and order dated 18.04.2023 passed by the State Public Service Tribunal, Lucknow in Claim Petition No.1708 of 2022 “Anshul Jagannath vs. State of U.P. and another”.
3. Brief facts of the present case are that an inquiry was conducted by the Special Investigation Branch (SIB) Unit of the department with respect to the period when the sole respondent, Anshul Jagannath was posted as Assistant Commissioner (Mobile Squad), Commercial Tax at Unnao. The SIB Unit, during the inquiry, found that 22 iron scrap-loaded vehicles without any documents were present at M/s Jagdamba Metallise, Unnao on 02.03.2021, but the respondent failed to take any action and was, therefore, found prima facie guilty of negligence and slackness in the discharge of his duties.
4. The respondent was suspended vide order dated 27.04.2021 and disciplinary proceedings were initiated a
Court-fixed timeline for disciplinary proceedings revokes suspension on expiry but permits continuation; punishment vitiated if show-cause reply ignored – Remit for fresh order on technical grounds.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and cross-examination, or they may be deemed invalid.
Delay in disciplinary proceedings does not ipso facto vitiate the enquiry; the authority retains the power to extend time limits set by the Tribunal.
Point of law: The protracted disciplinary enquiry against a Government employee issued, therefore, be avoided not only in the interests of Government employee, but in the public interest and also in ....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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