Case: Uttar Pradesh Forest Corporation Lucknow & Ors Vs. Vijay Kumar Yadav & Anr

M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.02.2019 passed by the High Court of Judicature at Allahabad in Writ Appeal No.54718 of 2005, Uttar Pradesh Forest Corporation Lucknow and others have preferred the present appeal. 2. At the outset, it is required to be noted that vide order dated 03.07.2019, this Court issued notice limited to the extent as to whether the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56, which was also held to be proved by the Enquiry Officer. 3. We have heard the learned counsel for the respective parties. 4. At the outset, it is required to be noted that in so far as the charge of causing loss to the extent of Rs.2,46,922.56, it was held to be proved by the Enquiry Officer. However, there was disagreement on the part of the Disciplinary Authority so far as other charges, which were held to be not proved by the Enquiry Officer and without issuing any notice on the said disagreement, the Disciplinary Authority proceeded further and passed the punishment order, which was held to be bad in law and against the principles of natural justice. Therefore, once the charge of causing loss to the extent of Rs.2,46,922.56 was held to be proved by the Enquiry Officer, the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56.

Decision reasoning: 1[ds]4. At the outset, it is required to be noted that in so far as the charge of causing loss to the extent of Rs.2,46,922.56, it was held to be proved by the Enquiry Officer. However, there was disagreement on the part of the Disciplinary Authority so far as other charges, which were held to be not proved by the Enquiry Officer and without issuing any notice on the said disagreement, the Disciplinary Authority proceeded further and passed the punishment order, which was held to be bad in law and against the principles of natural justice. Therefore, once the charge of causing loss to the extent of Rs.2,46,922.56 was held to be proved by the Enquiry Officer, the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56.