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Ramesh Singh v. The State of Uttar Pradesh & Anr.

Civil Appeal · 2020 INSC 254Decided 3 Mar 2020
Civil Appeal No. 1918 of 2020
Justice S. Abdul Nazeer · Justice Indu Malhotra

Background

As a District Basic Education Officer in Uttar Pradesh, the appellant had issued appointment letters to around 521 candidates as Assistant Teachers in 2003, allegedly without following the mandatory selection procedure and in violation of recruitment rules; he claimed he acted under pressure and directions from senior government functionaries and the High Court. Over the following years he faced suspension, a proposed removal that was withdrawn, and eventually a fresh departmental enquiry that found him guilty and led to his removal from service in 2017. The Allahabad High Court quashed that removal for violating natural justice (he was never properly given a hearing on the key charge) but remitted the matter for a fresh enquiry, directing that the new enquiry officer be appointed with the Chief Minister's involvement.

Decision Breakdown

The Supreme Court agreed that the enquiry had indeed violated natural justice and upheld the High Court's decision to send the matter back for a fresh disciplinary enquiry starting from the charge-sheet stage, with the appellant given a full opportunity to present oral and documentary evidence and the enquiry to be completed within four months. It modified only the High Court's direction on the enquiry officer's appointment, requiring approval from the Chief Secretary rather than the Chief Minister. The appellant was to remain under suspension during the fresh enquiry. The civil appeal was dismissed, with the Court expressly stating it was not expressing any view on whether the underlying allegations were true.

Lesson Learnt

Even where serious misconduct is alleged against a government employee, due process (a fair hearing with a chance to present evidence) must be followed before punishment: a flawed enquiry is remedied by ordering a fresh, fair enquiry, not by the courts deciding guilt or innocence themselves.

Official source (sci.gov.in)View Judgment (PDF)

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