The Allahabad High Court has violated the principle of natural justice and has quashed the order of the Principal Secretary, (Ayush Anubhag-2), terming it illegal.
A Single Bench of Justice Salil Kumar Rai passed this order while hearing a petition filed by Dr Yogendra Singh Mahur.
The petition has been filed challenging the order dated 12.01.2024 passed by the Principal Secretary (Ayush Anubhag-2), Government of Uttar Pradesh, Lucknow awarding major punishment of stopping two increments of the petitioner.
The Court noted that,
A perusal of the records annexed with the writ petition and the facts which are not denied by the Standing Counsel in his instructions indicate that the petitioner is, at present, working as Professor in the Pandit Jawahar Lal Nehru Government Homeopathic Medical College and Hospital, Kanpur Nagar.
Before the present place of posting, the petitioner was posted as Officiating Principal at Government Homeopathic Medical College, Aligarh. While the petitioner was posted at Aligarh, disciplinary proceedings were instituted against the petitioner and a charge-sheet dated 18.04.2023 was served on him. The inquiry report was submitted on 02.06.2023 before the disciplinary authority and consequently, a show cause notice dated 03.07.2023 was served on the petitioner.
The disciplinary authority in the case is the Principal Secretary (Ayush Anubhag-2), Government of Uttar Pradesh, Lucknow. The petitioner submitted his reply dated 17.07.2023 to the show cause notice. The Principal Secretary vide her order dated 12.01.2024 has rejected the reply of the petitioner and has passed the order as noted above which has been challenged in the petition.
“A perusal of the order dated 12.01.2024 shows that while passing the aforesaid order, the Principal Secretary has not considered the reply of the petitioner submitted to the show cause notice served on him. The order is apparently a non speaking order and a reading of the said order also indicates that the order has been passed mechanically without any application of mind. The order does not advertise the grounds raised in the reply of the petitioner. In view of the aforesaid, the order, apart from violating principles of natural justice, is also violative of Rule 9 (4) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999”, the Court observed while allowing the petition.
“The order dated 12.01.2024 passed by the Principal Secretary (Ayush Anubhag-2), Government of Uttar Pradesh, Lucknow is, hereby, quashed.
The matter is remanded back to the Principal Secretary (Ayush Anubhag-2), Government of Uttar Pradesh, Lucknow to pass a fresh and reasoned order in accordance with law”, the Court ordered.