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M. R. SHAH, B. V. NAGARATHNA
State of Uttar Pradesh – Appellant
Versus
Rajit Singh – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench in Service Bench No. 5554 of 2020 by which the High Court has dismissed the said writ petition and has refused to set aside the order passed by the U.P. State Public Service Tribunal (hereinafter referred to as “Tribunal”) passed in Claim Petition No. 2226 of 2017 whereby the claim petition of the respondent employee came to be allowed and the order passed by the Disciplinary Authority imposing the penalty/punishment came to be set aside, the State of Uttar Pradesh has preferred the present appeals.
2. That the respondent employee was serving as a Junior Engineer at Balia. An enquiry was conducted by a Departmental Task Force where it was found that he had committed financial irregularities causing loss to the Government. Disciplinary proceedings were initiated against the respondent and others. The respondent was served with charge-sheet. That thereafter the Enquiry Officer held the charges alleged against the respondent employee as proved and consequently also held the misconduct proved. The Disciplinary Authority conc
(1) Punishment – Doctrine of Equality ought not to have been applied when Enquiry Officer and Disciplinary Authority held charges proved against delinquent officer – There cannot be any claim of nega....
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and cross-examination, or they may be deemed invalid.
Natural justice requires meaningful opportunity for defense in disciplinary inquiries; failure to adhere justifies annulment of punitive orders.
The main legal point established in the given judgment is that the power of judicial review discharged by the High Court under Article 226 is distinct from the Appellate power exercised by a Departme....
Disciplinary authorities must provide clear reasoning for departing from inquiry reports and allow the accused an opportunity to respond, ensuring fairness and compliance with natural justice princip....
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
The court emphasized that a major punishment cannot be imposed without a proper inquiry, reinforcing principles of natural justice and confirming the necessity of remanding such cases for procedural ....
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
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