Allahabad HC Orders Disciplinary Proceedings Against Govt Official Who Acted As Disciplinary And Appellate Authority In Disciplinary Proceeding Against Another Employee

The Court has quashed disciplinary proceedings against a Senior Assistant in the District Magistrate’s Office in Amethi, after finding violations of natural justice. The Court ordered a fresh inquiry if necessary and directed the Chief Secretary of Uttar Pradesh to consider suitable actions against the official involved, for procedural misconduct.

A Bench of Justice Alok Mathur held "..this Court is of the considered view that entire disciplinary proceedings as well as the appeal has been decided contrary to the settled cannons of settled principles of natural justice and was clearly hit by the principles of bias and entire disciplinary proceedings against the petitioner stands vitiated and are, accordingly, quashed".

Advocate Brijesh Kumar appeared for the Petitioner while the Standing Counsel appeared for the Respondents.

The Petitioner, a Senior Assistant in Amethi, challenged disciplinary actions taken against him by the Uttar Pradesh government, leading to his suspension on September 1, 2017. He argued that the charge sheet was incomplete and that the inquiry violated the U.P. Government Servants (Discipline & Appeal) Rules, 1999, citing significant delays and unfair treatment.

The Court held, "In all the three stages the requirement of law is that Inquiry Officer has to be different person then the Disciplinary Authority and Appellate Authority has to be superior authority who looks into the correctness of the order passed by the Disciplinary Authority".

The Court referred to decisions of the Apex Court and held that it is well known that the errors, if any, in the inquiry are to be looked into by the Disciplinary Authority and the errors if any in the disciplinary proceedings are to be looked into by the Appellate Authority. "To give a fair hearing under reasonable opportunity, each of the three authorities have to be different individuals inasmuch as, no person can be adjudged in his own cause", the Court held.

The Court directed that the State Government should ensure that the persons who are entrusted with the task of conducting disciplinary proceedings have adequate knowledge in that regard. The Court directed the Senior Registrar of the Court to send a copy of the order to the Chief Secretary, Government of U.P., for necessary orders and compliance.