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december 1994

Supreme Court of India · 1994-12-07

STATE OF U.P. vs VIJAY KUMAR TRIPATHI

Citation / case number
SC 1994/246
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
VIJAY KUMAR TRIPATHI
Author
SUJATA V.MANOHAR.) (B.P. JEEVAN REDDY
Bench
SUJATA V.MANOHAR.JJ.) (B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed the validity of Rule 55-B(a) of the U.P. Civil Service (Classification Control and Appeal) Rules, 1930, which allows for censure without formal charges or an opportunity for the employee to explain. The Court held that while the rule does not mandate a formal inquiry, it does not exempt the authority from adhering to the principles of natural justice. The Court upheld the Allahabad High Court's decision that awarding censure without affording an opportunity to the employee violates natural justice principles, thus affirming the Tribunal's ruling under Section 4 of the U.P. Public Service (Tribunal) Act, 1976.

STATE OF U.P. vs VIJAY KUMAR TRIPATHI · Niyam