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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Rajesh Singh Chauhan,J.
Yogendra Giri – Appellant
Versus
State Of U.P.Thru.Prin.Secy.Cooperative Deptt – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Shri Anwar Ashfaq, learned counsel for the petitioner and the learned Standing Counsel for the opposite party No.1 as well as Shri Alok Sharma, learned counsel for the opposite party Nos.2 to 7.
2. However, no one has appeared on behalf of the opposite party Nos.8 & 9.
3. By means of this writ petition, the petitioner has prayed for the following reliefs:
“(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.08.2018 passed by the opposite party No.3, as contained in Annexure No.1 to the writ petition.
(ii) to issue a writ, order or direction in the nature of certiorari quashing the decision dated 08.06.2018 and 17.07.2018 taken by the interim Committee Management of Uttar Pradesh Rajya Nirman Sahkari Sangh Limited, Lucknow to dismiss the petitioner from service and recovery of Rs.7.55 lakhs from the service benefits/ assets of the petitioner, after summoning it in original from the opposite parties.
(iii) to issue a writ, order or direction in the nature of certiorari quashing the enquiry report dated 14.05.2018, as contained in Annexure No.2 to the writ petition.
(iv) to issue a writ, order or
The dismissal of an employee is invalid if the enquiry does not adhere to procedural fairness, specifically failing to fix a date, time, and place for oral enquiry.
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and examination of evidence, as mandated by applicable regulations.
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
oral inquiry is a serious flaw which can vitiate the order of disciplinary proceeding including the order of punishment
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
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....
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