AIR 2010 SUPREME COURT 3131 ::2010 AIR SCW 1077 ::2010 LAB. I. C. 969 ::2010 (2) All LJ 441 ::2010 (2) ALJ 441 ::(2010) 124 FacLR 857 ::2010 (2) SCC 772 ::(2010) 2 Scale 42 ::(2010) 2 ServLJ 59 ::(2010) 4 All WC 4221 ::(2010) 3 Mad LJ 742 ::(2010) 1 Lab LN 527 ::(2010) 3 KCCR 47 ::(2010) 1 SCT 811 ::(2010) 2 ServLR 159

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): V. S. Sirpurkar, Surinder Singh Nijjar , JJ

(A) Constitution of India , Art.309, Art.311— Uttar Pradesh Government Servants (Discipline and Appeal) Rules (1999) , R.7(5)— Disciplinary enquiry - Charges based on official documents/communications - Non supply of copies of said documents to delinquent - Flagrant disregard of mandate of R.7(5) - Vitiates inquiry proceedings. In the instant case the three charges against delinquent were based on official documents/official Communications. Despite the relentless efforts made by delinquent to secure copies of the documents, which was ought to be relied upon, to prove the charges those were denied by the department in flagrant disregard of the mandate of Rule 7 sub rule (5). Therefore the inquiry proceedings are clearly vitiated having held in breach of the mandatory sub rule (5) of Rule 7.(Para 21 24) (B) Constitution of India , Art.309, Art.311— Uttar Pradesh Government Servants (Discipline and Appeal) Rules (1999) , R.7(5)— Disciplinary enquiry - Documents forming foundation of charge-sheet - Non supply of, to delinquent - Plea that delinquent was posted in same division and he could have collected documents therefrom - Is lame excuse as he was already suspended. (Para 22) ....