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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Satyaverat – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings and misconduct details. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contentions relating to responsibility and proportionality. (Para 10 , 11 , 12 , 13) |
| 3. analysis of charges and procedural compliance. (Para 14 , 15 , 16 , 17) |
| 4. principle against shockingly disproportionate punishment. (Para 18 , 19) |
| 5. final orders on punishment and conclusions. (Para 20 , 21) |
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Petitioner before this Court was initially appointed on the post of Assistant Accountant in U.P. Power Corporation Ltd. on 28.02.2008 and till 22.02.2013 he was posted at Electricity Distribution Division-I, Muzaffarnagar. Petitioner thereafter was promoted on the post of Accountant on 23.02.2013 and was transferred and posted at Electricity Distribution Division-I, Baraut, Baghpat and he remained their till 31.07.2016.
2. Later on petitioner was transferred on 31.07.2016 at Electricity Distribution Division-III, Shamli and he remained there till 19.07.2021 and subsequently transferred at Electricity Urban Distribution Division Town Hall, Muzaffarnagar and presently he is working there as an Accountant.
3. Petitioner has suffered with a disciplinary proceedin
Disciplinary penalties must align with the gravity of misconduct; shockingly disproportionate punishments may be set aside, emphasizing the need for reasonable grounds for disciplinary actions.
Imposing penalties without conducting an enquiry violates the principles of natural justice, making such actions illegal.
Point of law: Admittedly no specific charges were leveled against the petitioner by means of charge-sheet on which the inquiry officer has given that findings, therefore, to that extent such findings....
Disciplinary proceedings require sufficient evidence to support allegations of misconduct; lack of evidence renders the proceedings flawed.
Failure to issue a second show-cause notice as required by Rule 15(10)(i)(b) invalidates the disciplinary punishment, emphasizing adherence to procedural fairness.
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