STATE OF U.P. versus VIJAY KUMAR TRIPATHI AND ANR.

STATE OF U.P. versus VIJAY KUMAR TRIPATHI AND ANR.

Rule 55-B(a) does not exclude the application of principles of natural justice; ordinarily, prior opportunity should be given before imposing censure. Competent authority may provide post-decisional opportunity instead of pre-decisional hearing, but normal rule is prior opportunity. No such opportunity was given in this case, and new factual pleas cannot be raised at the special leave stage.

Parties
Appellant: STATE OF U.P.; Respondents: Vijay Kumar Tripathi and Anr.
Jurisdiction
India
Judgment Date
07 December 1994
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in W.p. No. 7528 (ss) of 1993
Outcome
appeal dismissed
Legal Topics
U.p. Civil Service (classification, Control and Appeal) Rules, 1930, Principles of Natural Justice, Penalty of Censure, Post Decisional Vs Pre Decisional Hearing, Constitution Article 136
Service Law U.p. Civil Service (classification, Control and Appeal) Rules, 1930 Principles of Natural Justice Penalty of Censure Post Decisional Vs Pre Decisional Hearing Constitution Article 136

Case Brief

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Parties

STATE OF U.P.

Appellant

Vijay Kumar Tripathi and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in W.p. No. 7528 (ss) of 1993

Legal Issues

  1. 1 Whether principles of natural justice apply to imposition of censure under Rule 55-B(a) of U.P. Civil Service (Classification, Control and Appeal) Rules, 1930
  2. 2 Whether prior or post-decisional opportunity must be provided before awarding censure
  3. 3 Permissibility of new factual pleas at special leave stage under Article 136

Ratio Decidendi

Rule 55-B(a) does not exclude the application of principles of natural justice; ordinarily, prior opportunity should be given before imposing censure. Competent authority may provide post-decisional opportunity instead of pre-decisional hearing, but normal rule is prior opportunity. No such opportunity was given in this case, and new factual pleas cannot be raised at the special leave stage.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No costs.