RAM JI MISRA Vs. U.P.S.R.T.C. AND OTHERS
LAWS(ALL)-2010-1-162
HIGH COURT OF ALLAHABAD
Decided on January 08,2010

Ram Ji Misra Appellant
VERSUS
U.P.S.R.T.C. and Others Respondents

JUDGEMENT

RAJIV SHARMA, J. - (1.) HEARD Mr. Mohd. Ali, learned Counsel for the petitioner and Mr. Prabhakar Tiwari, learned Counsel for the Corporation.
(2.) BY means of instant writ petition, the petitioner assails the order of removal from service inter alia on the ground that prior to passing of the impugned order, show cause notice was issued and thereafter, severe punishment was imposed, though the Enquiry Officer proposed that as to why his salary during the period of suspension excluding the amount of subsistence allowance should not be forfeited. A counter-affidavit has been filed by the opposite parties. In para 26 of the counter-affidavit, it has been mentioned that the show-cause notice was given to the petitioner as to why salary of his suspension period excluding the subsistence allowance be not forfeited. He was also supplied the copy of the enquiry report. It is further stated that there was no necessity for giving the copy of the show-cause notice to the petitioner for inflicting the major penalty like dismissal or removal and as such, notice was given for that purpose.
(3.) NATURAL justice is the essence of fair adjudication, deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarriage of justice.;


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