Oral Evidence Mandatory In Employee Discipline Cases: Allahabad High Court

The Lucknow bench of the Allahabad High Court has ruled that state authorities cannot penalize a government employee in departmental proceedings without proving the allegations through oral evidence.

On Monday, Justice Karunesh Singh Pawar set aside a state government penalty against Santosh Kumar Singh, who served as the sub-divisional magistrate (SDM) of Mohanlalganj. The court determined that penalizing an employee solely based on documents, without calling witnesses or holding a formal oral inquiry, violates the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, as well as the principles of natural justice.

Procedural Violations Cited

Singh had petitioned the court after the state government permanently withheld one of his annual increments and recorded a censure entry against him in September 2025. The administration rejected his appeal against the punishment in December 2025.

The disciplinary action stemmed from allegations of irregularities in the allotment of residential leases in Bhasanda village in 2019. Singh contended that the inquiry officer did not conduct any oral hearings or call witnesses, which denied him his right to cross-examination.

Inquiry Overturned By Court

In its ruling, the High Court found that the disciplinary authority had acted mechanically, ignoring both Singh’s defense and a favorable assessment from the Board of Revenue. The Board of Revenue had previously observed that Singh exercised proper diligence, took immediate corrective steps after uncovering the lease discrepancies, and acted without any malicious intent.

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Additionally, the court highlighted that the department failed to present oral evidence during the proceedings and failed to explain a nearly four-year delay in completing the investigation.

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