9911796707
TMI Blog2024 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... d during his service tenure, no departmental proceeding was initiated against him. After more than six years, the respondent authority had proceeded against the appellant and held the preliminary enquiry on 21.12.2023 that to an ex-parte even without taking any comment from a retired employee. In administrative action, which also entails civil consequences for a person, the principles of natural justice should be adhered to. Admittedly, no opportunity was given to the appellant before holding the preliminary enquiry and such a decision taken in violation of the principle of natural justice would be void. In the interest of justice, the matter is to be heard on merit before learned Single Judge and accordingly, the order impugned dated 13.3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt no.5. Finally, the respondent no.5 paid the amount, which was agreed between the concerned mills and the respondent no.5 from 2012 to 2022 but it did not pay GST to the Sales Tax Department from 2017 to 2020. Thereafter, the respondent no.5 made a complaint dated 28.09.2022/02.09.2022 before the Superintendent of Police (Vigilance) U.P. Lucknow against the petitioner and other employees of the mills. On the said complaint, a preliminary enquiry was conducted and the enquiry officer had submitted the ex-parte preliminary enquiry report dated 21.12.2023. After receipt of the report, the respondent no.2 vide letter dated 24.01.2024 had directed the Director General of Police, Economic Offence Research Sangthan, U.P. Lucknow for conducting a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtunity or even comment has been asked for. The learned Single Judge has proceeded to non-suit the relief merely on the statement of Mr. M.C. Chaturvedi, learned Addl. Advocate General that the matter is premature as the department has not proceeded against the petitioner-appellant. He submits that once the action of the respondents was prejudicial to the interest of the petitioner, which also entails civil consequence, an opportunity had to be afforded. He submits that learned Single Judge has erred in law in dismissing the writ petition merely on the statement of learned Addl. Advocate General on the ground that the relief is premature. 5. Per contra, Shri M.C. Chaturvedi, learned Additional Advocate General has vehemently opposed the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore this Court in which certain recommendations have been made and till date no order has been passed against the petitioner, therefore, writ petition is bad and not maintainable. 4. Sri R.K. Ojha, learned Senior Advocate submitted that petitioner was retired from the post of Secretary/General Manager of U.P. Cooperative Sahkari Katai Mills Sangh, Kanpur on 30.6.2016 and thereafter, given re-employment. He firmly submitted that after retirement, no departmental proceedings may be initiated against the petitioner as it is not covered with Regulation 351-A of Civil Service Regulation. 5. Sri M.C. Chaturvedi, learned Additional Advocate General reiterated that as on date only preliminary inquiry has been conducted and further respondent no.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application of principles of natural justice, because in that event the court would not ignore the legislative mandate, the requirement of giving reasonable opportunity of being heard before an order is made, is generally read into the provisions of a statute, particularly when the order has adverse civil consequences which obviously cover infraction of property, personal rights and material deprivations for the party affected. The principle holds good irrespective of whether the power conferred on a statutory body or Tribunal is administrative or quasi judicial. It is equally trite that the concept of natural justice can neither be put in a straitjacket nor is it a general rule of universal application. 9. On due consideration to the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
