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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Alok Mathur,J.
Dinesh Kumar Kureel – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Public Works Deptt. Lko. – Respondent
JUDGMENT :
Alok Mathur, J.
1. Heard Sri Sudeep Kumar, learned counsel for petitioner as well as learned Standing Counsel for respondents and Sri R.K. Upadhyaya, learned counsel for respondent.
2. The grievance raised by the petitioner in the present writ petition is with regard to order dated 06.01.2024 passed by the State of U.P. thereby inflicting the punishment of stoppage of three increments permanently with cumulative effect on conclusion of the disciplinary proceedings initiated against the petitioner.
3. It has been submitted by learned counsel for petitioner that present controversy relates to progress of the Harchandpur - Sirsaghat Road which was for a length of 0.968 kms. which in the review meeting Chaired by the concerned Minister was shown to have been completed.
4. It has been submitted that during an inquiry conducted by the Chief Engineer Central Public Works Department, Lucknow on 13.10.2022, it was found that 47 meters of the road had not been completed and work was still remaining. Accordingly, it is for the incorrect information supplied to the authorities, the disciplinary proceedings were initiated against the petitioner and other persons who were responsible for t
Disciplinary proceedings must adhere to principles of natural justice, ensuring the accused has the opportunity to contest evidence; reliance on a preliminary inquiry report without proper associatio....
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 ....
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
Penalty – Recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory – Even in an ex-parte inquiry, it is sine qua non to record evidence of witnesses for....
Disciplinary inquiries must adhere to principles of natural justice, allowing cross-examination of witnesses and cannot rely on preliminary inquiry findings without proper procedure.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and the requirement for oral evidence. Failure to comply renders the proceedings and resul....
The failure to supply a copy of a preliminary enquiry report can be recognized as prejudicial only if it constituted material for finding guilt or forming the opinion of the Disciplinary Authority.
The preliminary inquiry report loses its significance and importance once the regular inquiry is initiated by issuing charge-sheet to the delinquent, and using such evidence would be violative of the....
The judgment emphasizes that a statutory authority can only act within the permissible limits of the law and that charges reflecting a pre-judgment of guilt violate the principle of fair procedure.
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