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TARLADA RAJASEKHAR RAO
B. Anjineyulu @ B. Anandh Kumar – Appellant
Versus
Andhra Pradesh State rep by its Principal Secretary – Respondent
ORDER :
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-
2. The present Writ Petition is filed to set aside the order of removal of the petitioner herein from service, vide order dated 22.09.2020 in R.C.No.3/101/PR/03/COMDT-VJA/APSPF/2020/D.No.1825, on the ground that fresh/
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
Disciplinary authorities cannot initiate a de-novo inquiry after prior exoneration without legal basis, affirming the need for adherence to established procedures in disciplinary actions.
The disciplinary authority's power to order a de novo inquiry and frame additional charges must be in accordance with Rule 15(1) of the Chhattisgarh Civil Services (Classification, Control & Appeal) ....
Point of law: The protracted disciplinary enquiry against a Government employee issued, therefore, be avoided not only in the interests of Government employee, but in the public interest and also in ....
The court ruled that a de-novo enquiry cannot be initiated based on a previously quashed charge-sheet, necessitating a fresh charge-sheet for any new proceedings.
Action to initiate a de novo enquiry on the same charges after completion of the earlier enquiry culminating with findings of exoneration of the petitioner is wholly without jurisdiction and accordin....
A de novo inquiry is permissible under Rule 26(1) of the CDA Rules when substantial evidence or procedural defects existed in the prior inquiry, ensuring compliance with principles of natural justice....
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