On Wednesday, the Allahabad High Court held that a disciplinary authority could not take action if procedure mentioned in UP Government Servant (Discipline and Appeal) Rules, 1999 were not followed correctly by the authority.
The instant writ petition is filed against the judgement dated 10/12/2020 passed by the state Public Service Tribunal, Lucknow.
Before the Court, the petitioner submitted that he was served with a charge sheet by the disciplinary authority following an inquiry. However, the enquiry officer did not find charge as proved and recommended to exonerate the petitioner.
At that stage, the disciplinary authority issued a show-cause notice for the imposition of minor punishment.
Learned Counsel for the petitioner, submitted that under the UP Government Servant (Discipline and Appeal) Rules, 1999, the disciplinary authority does not have the power to impose a minor punishment.
Counsel further submitted that if the disciplinary authority does not agree with the inquiry officer’s findings, it can cause notice after framing disagreement issues. It is only after the hearing of the delinquent authority can pass appropriate order. The procedure aforesaid was not followed instead based on the show cause notice after the petitioner’s exoneration in the inquiry, the authority imposed punishment of censor.
Learned Counsel for the State submitted that if the order of punishment was passed in violation of Rules of 1999, then liberty may be given by Court to State to proceed from the matter from the stage of submission of the inquiry report.
The decision of the Court:-
After hearing to both the parties and perusing the evidence, the Court held that the respondents failed to adopt the procedure given under Rules of 1999 before imposing a major penalty.
Accordingly, the orders were set aside by Court, and the petition was allowed by the Hon’ble High Court.
However, the State was given liberty by Court to proceed further from the stage of submission of an enquiry report by applying the procedure given under the Rules of 1999.
Title:- Lavkush Kumar Tripathi vs State of UP and Another
Case No.:WRIT – A No. – 15208 of 2020
Date of Order:06.01.2021
Coram: Hon’ble Justice Munishwar Nath Bhandari and Hon’ble Justice Rohit Ranjan Agarwal