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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether, before imposing the penalty of censure under Rule 55-B(a) of the U.P. Civil Service (Classification Control and Appeal) Rules, 1930, the concerned government servant must ordinarily be given an opportunity to show cause and whether the absence of such opportunity vitiates the order on the ground of violation of natural justice.
Analysis: Rule 55-B(a) does not expressly exclude the application of the principles of natural justice. It only dispenses with the necessity of framing formal charges or calling for an explanation before imposing censure. Since censure is a penalty carrying adverse consequences, the normal rule is that an opportunity to show cause should be given before the penalty is imposed. The competent authority may, in appropriate cases, provide a post-decisional hearing, but that is an exception. On the facts, no prior opportunity was given and no post-decisional hearing was shown to have been afforded.
Conclusion: The penalty of censure was not sustainable in the absence of an opportunity to be heard, and the challenge based on violation of natural justice failed against the respondent.
Ratio Decidendi: Where a disciplinary rule authorises censure without requiring formal charges or an explanation, natural justice is ordinarily read into the rule and a pre-decisional opportunity must be afforded unless a valid post-decisional hearing or exceptional circumstance exists.
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