https://www.taxtmi.com/caselaws?id=431011 Disciplinary action under the U.P. Government Servant (Disciplinary and Appeal) Rules, 1999 requires a regular enquiry with oral evidence, opportunity for cross-examination, defence evidence, and a reasoned decision on proved material. Where no witnesses are examined and no cross-examination is allowed, the enquiry is vitiated and the punishment and appellate orders can be set aside. Remand for a fresh enquiry is not automatic; it depends on the gravity of the misconduct and the surrounding facts. On the stated facts, the finding that the enquiry was defective was upheld and the challenge to the Tribunal's order failed. en-us Sat, 19 Nov 2022 00:00:00 +0530 Mon, 05 Dec 2022 10:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431011 Disciplinary action under the U.P. Government Servant (Disciplinary and Appeal) Rules, 1999 requires a regular enquiry with oral evidence, opportunity for cross-examination, defence evidence, and a reasoned decision on proved material. Where no witnesses are examined and no cross-examination is allowed, the enquiry is vitiated and the punishment and appellate orders can be set aside. Remand for a fresh enquiry is not automatic; it depends on the gravity of the misconduct and the surrounding facts. On the stated facts, the finding that the enquiry was defective was upheld and the challenge to the Tribunal's order failed. Case-Laws VAT and Sales Tax Sat, 19 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431011