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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Parmeshwar Gorain – Appellant
Versus
U.P. Power Corporation Limited – Respondent
JUDGMENT :
J.J. Munir, J.
1. Parties have exchanged affidavits.
2. The writ petition is taken up for hearing forthwith.
3. This writ petition is directed against an order of the Managing Director, Uttar Pradesh Power Corporation Limited, Lucknow (for short, 'the Corporation') dated 05.03.2024, dismissing the petitioner from service after holding disciplinary proceedings.
4. The petitioner was appointed a Junior Engineer with the Uttar Pradesh Power Corporation after selection by the Uttar Pradesh Electricity Service Commission. He was appointed as such and placed on probation on 28.04.2014. The petitioner was initially posted at Banda. Upon completion of the period of probation, the petitioner was confirmed in service. It is the petitioner's case that by an office order dated 28.04.2015, he was given additional charge of two Substations, apart from two other Substations, that were already under his charge. This happened on account of promotion of one Arvind Kumar Gautam to the position of an Assistant Engineer. The petitioner was, therefore, holding charge of four Substations, located in a radius of 40 kilometers. This caused the petitioner great hardship and strain in the performance o
In disciplinary proceedings involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
The main legal point established in the judgment is the obligation of the establishment to produce witnesses and documentary evidence to prove charges in a departmental enquiry, especially in cases t....
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.
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....
Disciplinary inquiries must adhere to procedural safeguards, including the presentation of evidence, especially in cases involving major penalties.
In disciplinary inquiries, the establishment must prove charges through adequate evidence, and failure to provide a fair opportunity for the accused to defend themselves constitutes a violation of na....
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 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.
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
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