Case Law Details
Ashok Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. Deptt. State Tax (Allahabad High Court)
Allahabad High Court held that a departmental inquiry against government servant is not to be treated as a casual exercise and accordingly suspension of Assistant Commissioner of State Tax without merit is liable to be quashed.
Facts- The present writ petition under Article 226 has been filed assailing the judgment and order passed by the State Public Service Tribunal, Lucknow, whereby Claim Petition filed by the claimant/petitioner against the order of punishment, by which he was awarded two minor penalties i.e. (1) Censure; and (2) stoppage of one increment for one year, has been dismissed.
Conclusion- This Court cannot be oblivious to the fact that the enquiry report pursuant to which the disciplinary authority has passed the punishment order was never put to the petitioner, so as to enable him to file representation. Thus, in view of the said mandatory procedure prescribed under the Rules, 1999 and several other procedural infirmities in the conduct of enquiry, the order of punishment cannot be held to be legally unsustainable, especially when there is a consistent series of authority on the point that a departmental inquiry against government servant is not to be treated as a casual exercise and the principles of natural justice are required to be observed so as to ensure not only that justice is done but is manifestly seen to be done; the object being to ensure that the delinquent is treated fairly in proceedings which may culminate in imposition of a penalty against him.
We are inclined to allow the present petition and set-aside the impugned order of the learned Tribunal. Since the learned Tribunal having called upon to adjudicate the matter in its right perspective has failed to determine and return any findings on the various grounds and issue raised by the petitioner as can be borne out from the claim petition itself filed before the Tribunal.
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