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TMI Blog1994 (12) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the procedure prescribed by those Rules, penalties specified therein may be imposed upon members of the service. The punishments specified in Rule 49 include (i) Censure and (ii) Withholding of increments including stoppage at an efficiency bar. 3.Rule 55-B(a) provides that "(a) Whenever the punishing authority is satisfied that good and sufficient reasons ex- ist for adopting such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gaurab Banerjee, learned counsel for the appellant-state contends on the strength of another decision of the Allahabad High Court in J.P. Aggarwal, Regional Transport Officer, Dehradun v. State of UP. through the Secretary. Transport Department, Lucknow And Other (1973 (1) S.L.R). 194) that no such opportunity need be given and that the awarding of censure without such opportunity is not liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, he was awarded a censure entry in his character roll vide D.O. letter dated 21.3.1991. Against the said entry, the respondent filed a Claim Petition under section 4 of the U.P. Public Service (Tribunal) Act 1976. The Tribunal allowed the claim petition holding that awarding the censure entry without making a full oral enquiry as provided by the C.C.A Rules was violative of Article 311 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s necessary too ensure against the failure of justice, principles of natural justice must be read into a provisions. Such a course, of course, is not permissible where the rule excludes, either expressly or by necessary intendment, the application of the principles of natural justice but in that event validity of Rule may fail for consideration. Consistent with the above rule, we must hold that, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pportunity. 8. In the case before us admittedly prior opportunity of hearing or to show cause against the action proposed was not given to the respondent. It was also not brought to the notice of the Tribunal or the High Court that a post- decisional hearing was given to respondent. Mr. Gaurab Banerjee sought to contend that in this case post-decisional hearing was indeed given. But in the absenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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