Delve into a legal case where the High Court analyzed the justification of a punishment order based on a detailed legal analysis. The court’s examination of the charges, evidence, and principles of natural justice provides valuable insights for legal enthusiasts.
Facts
- The Uttar Pradesh Forest Corporation Lucknow and others have filed an appeal against the judgment dated 20.02.2019 passed by the High Court of Judicature at Allahabad.
- The appellants are aggrieved by the said judgment.
- The specific part of the judgment being appealed is related to the Forest Advisory Committee (FAC) and its decisions.
- The appeal seems to challenge the findings or orders concerning the FAC made in the impugned judgment.
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Analysis
- High Court notice limited to whether punishment order for recovery of Rs.2,46,922.56 was justified
- Enquiry Officer found the loss amount proved
- Disagreement by Disciplinary Authority on other charges
- Punishment order passed without addressing the disagreement or issuing notice on it
- Disciplinary Authority’s actions deemed to be against natural justice principles
- Once the charge of causing loss to the extent of Rs.2,46,922.56 was proven by the Enquiry Officer, the High Court should have upheld the punishment order for recovery of the same amount.
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Decision
- The impugned judgment and order passed by the High Court is modified to maintain the punishment for recovery of Rs.2,46,922.56 for the proved charge.
- The appeal is partly allowed to the extent of the recovery amount mentioned above.
- No costs are awarded in the present case.
- The respondent employee has already retired, and further recovery will be deducted from the retirement benefits due.
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Case Title: UTTAR PRADESH FOREST CORPORATION LUCKNOW Vs. VIJAY KUMAR YADAV (2021 INSC 778)
Case Number: C.A. No.-006947-006947 / 2021
