Inquiry conducted in violation of natural justice principles; Service benefits to be restored
In a landmark judgment, the Allahabad High Court, under the bench of Justice Karunesh Singh Pawar, has quashed the disciplinary proceedings against Santosh Kumar Singh, a Sub-Divisional Magistrate in Mohanlalganj, Lucknow. The court found that the inquiry was conducted without adhering to the principles of natural justice and the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
The proceedings, initiated in 2019, were marred by procedural lapses, including a lack of oral evidence and the failure to fix a date, time, or place for the inquiry. The court held that these lapses rendered the inquiry and subsequent punishment order null and void. The disciplinary authority failed to consider Singh's detailed defense and the opinion of the Board of Revenue, which had found no mala fide intention in his actions.
The judgment emphasized the importance of a fair and just inquiry process, noting that the absence of oral evidence meant the charges were not properly substantiated. The court also highlighted the inordinate delay of nearly four years in concluding the proceedings, which prejudiced Singh's position.
Consequently, the court has directed the State of Uttar Pradesh to restore all service benefits to Singh, including his withheld annual increment and other consequential benefits, within three months.
Bottom line:-
Disciplinary proceedings conducted in violation of the principles of natural justice and Rule 7 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 are vitiated and unsustainable in law.
Statutory provision(s): Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999
Santosh Kumar Singh v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2920983
