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HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Puran Singh Bisht – Appellant
Versus
State of Uttarakhand – Respondent
Judgment :
Subhash Upadhyay, J.
Heard the learned counsel for the petitioner and learned counsel for the State of Uttarakhand.
2. Petitioner has filed the present writ petition with the following prayers:
“I. Issue a writ, order, or direction in the nature of certiorari to quash the order dated 18-8-09 passed by the respondent no. 3 in contravention of the Hon'ble Allahabad High court order dated 08.01.98.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent to comply the Hon'ble Allahabad High Court order dated 8-1-1998 passed in writ petition no.40404 of 1993.
III. Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the working of the petitioner as Collection Amin at Bhanoli and pay the salary to the petitioner with effect from March 2009 onwards with 20% interest.
IV. Issue, any other order or direction which this Hon'ble High Court may deem fit and proper in the facts and circumstances the case.
V. Award cost of the petition to the Petitioner.
VI. Issue a writ, order or direction in nature of certiorari to quash the order dated 20.08.2018 passed by respondent No.2.”
3. Brief facts of the case, as nar
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
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....
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
Disciplinary proceedings must adhere to procedural fairness, but the absence of witness examination does not automatically void an inquiry if the charged party fails to propose witnesses.
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