Santosh Narayan Tripathi v. State of U.P. and 5 Others
Case brief
What is this about?
Service law; disciplinary inquiry; Junior Engineer (Mechanical), U.P. State Bridge Corporation Ltd.; charge-sheet 16.8.2014 (sheet piles not as per design/specification, dereliction of duty); inquiry report 28.1.2016 (charge proved); supplementary charge-sheet on financial loss; inquiry reports finding no financial loss; retirement 30.6.2019; communication 22.7.2021 seeking clarification; fresh notice 10.2.2022; inquiry report 04.4.2022 (no financial loss); Three Member Committee report 29.8.2022 (Rs.20 lakhs loss; 60% i.e. about Rs.12 lakhs fixed); Office Memorandum 23.9.2022 (Rs.12 lakhs recovery); appeal dismissed 20.2.2025; violation of principles of natural justice; no notice/confrontation with reasons for contrary view; defective decision-making; orders set aside; remand to Disciplinary Authority; WRIT - A No. 3234 of 2025; Neutral Citation 2025:AHC:108027.
What did the court decide?
Writ petition disposed of with the impugned orders dated 23.9.2022 (Office Memorandum imposing Rs.12 lakhs liability) and 20.2.2025 (dismissal of appeal) set aside; matter remanded to the Disciplinary Authority to commence the inquiry at the stage of confronting the petitioner with the reasons for taking a contrary view to the Inquiry Reports, including the Three Members Report.