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Supreme Court of India 2019-09-23 allowed

STATE OF U.P vs VINOD KUMAR KATHERIA

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

A government employee (Lekhpal) was dismissed following disciplinary proceedings after being charged with misusing his position and falsifying revenue records. The Supreme Court affirmed the High Court's decision setting aside the dismissal, holding that the enquiry was vitiated by failure to afford the employee adequate opportunity to present his defence and cross-examine witnesses. The Court emphasised that disciplinary enquiries must be substantive and fair, not mere formalities. The employee was ordered reinstated within four weeks with salary from the date of reinstatement, and the authorities were directed to conduct a fresh enquiry if they chose to pursue the matter, with strict procedural safeguards and a six-month completion deadline."

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Administrative Law Disciplinary Procedure Public Service Law Natural Justice Employee Rights

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