INDRAPAL SINGH SOLANKI Vs. STATE OF U P

JUDGEMENT

(1.) 1. Heard Sri Rahul Agrawal holding brief on behalf of Sri Shashi Nandan, learned Senior Advocate for the petitioner and learned Standing Counsel for the respondents.

(2.) THE petitioner is aggrieved by the order dated 07.02.1998 passed by the Cane Commissioner, U.P., Lucknow imposing following punishments: "1. Do Vetan Vridhiyan Sthayi Rup Se Roki Jati Hain. 2. Chori Me Hui Vittiya Chhati Tatha Khad Godam Me Payi Gayi Kami Ki Vasuli Sri Ram Krishna Shakya Tatkalin Ganna Paryavekshak Ke Sath Apchari Karmachari Ka Saman Rup Se Dayitva Nirdharit Karte Hue Vasuli Ki Jaye.

(3.) A Division Bench of this Court (in which I was also a member) in the case of Salahuddin Ansari Vs. State of U.P. and others, 2008(3) ESC 1667 has clearly held that non holding of oral inquiry is a serious flaw which vitiates the entire disciplinary proceeding including the order of punishment. This Court has said in paras 10 and 11 of the judgement as under: "10. ----------- Non holding of oral inquiry in such a case is a serious matter and goes to the root of the case. 11. A Division Bench of this Court in Subhash Chandra Sharma Vs. Managing Director and another, 2000 (1) U.P.L.B.E.C. 541, considering the question as to whether holding of an oral inquiry is necessary or not, held that if no oral inquiry is held, it amounts to denial of principles of natural justice to the delinquent employee. The aforesaid view was reiterated in Subhash Chandra Sharma Vs. U.P. Cooperative Spinning Mills and others, 2001 (2) UPLBEC 1475 and Laturi Singh Vs. U.P. Public Service Tribunal and others, Writ Petition No. 12939 of 2001, decided on 06.05.2005."