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Issues:
1. Whether awarding censure without affording an opportunity to explain violates principles of natural justice. 2. Interpretation of Rule 55-B(a) of the U.P. Civil Service (Classification Control And Appeal) Rules, 1930. 3. Validity of censure entry without a formal hearing or explanation. 4. Application of principles of natural justice in disciplinary proceedings. Analysis: Issue 1: The judgment discusses the requirement of affording an opportunity to explain before awarding censure. The High Court opined that not providing such an opportunity violates natural justice principles. The Supreme Court emphasized the importance of natural justice and held that ordinarily, an opportunity to show cause against censure should be given to the concerned employee. While exceptions exist, the normal rule is to provide a pre-decisional hearing to ensure fairness. Issue 2: Rule 55-B(a) of the U.P. Civil Service Rules was interpreted in the context of censure imposition. The rule states that formal charges or explanations are not necessary for censure. The Court clarified that while the rule does not expressly exclude natural justice principles, it should generally be read into provisions to prevent injustice. The Court highlighted that censure is a penalty with adverse consequences, necessitating the application of natural justice. Issue 3: The case involved a censure entry awarded to a civil servant without a prior opportunity to explain. The respondent challenged this action, arguing a violation of natural justice. The Court found that no pre-decisional hearing was provided, and post-decisional hearing was not raised as a defense. Therefore, the Court dismissed the appeal, emphasizing the importance of procedural fairness in disciplinary actions. Issue 4: The judgment underscores the significance of applying natural justice in disciplinary proceedings. It states that while exceptions may exist, the default approach should be to provide a chance to be heard before imposing penalties like censure. The Court rejected the argument that post-decisional hearings suffice, emphasizing the general requirement for a pre-decisional opportunity to ensure fairness and uphold principles of natural justice.
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