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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Satyendra Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. Leave granted.
2. The instant appeal arises from the judgment dated 30th July, 2018 passed by the High Court of Judicature at Allahabad, Lucknow Bench, allowing the Writ Petition preferred by the respondents and setting aside the judgment dated 5th June, 2015 passed by the State Public Services Tribunal, Lucknow1 [Hereinafter being referred to as ‘Tribunal’] whereby, the Tribunal had allowed the Claim Petition2 [Claim Petition No. 1931 of 2014] preferred by the appellant.
Brief facts:
3. The appellant, while being posted as Assistant Commissioner, Commercial Tax, Khand-13, Ghaziabad faced disciplinary proceedings in furtherance of a charge sheet dated 5th March, 2012. The Inquiry Officer conducted the inquiry and submitted an Inquiry Report dated 29th November, 2012. The Disciplinary Authority being the Principal Secretary, Tax Registration Department, Lucknow, U.P. issued a Show Cause Notice accompanied with the Inquiry Report to the appellant. The appellant submitted his reply/objections to the said Show Cause Notice. The Disciplinary Authority, considered the reply of the appellant and issued the Order dated 5th November, 2014, whereby it awarded the
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....
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
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....
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
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....
Disciplinary proceedings vitiated without oral evidence proving documents, even ex-parte; inquiry officer must independently assess evidence sufficiency as quasi-judicial authority, upholding natural....
Disciplinary proceedings necessitate oral inquiry when major penalties are imposed; failure to conduct such inquiry violates principles of natural justice.
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
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