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SUBBA REDDY SATTI
CHILUKURI JANA REDDY S/O JAYARAM REDDY – Appellant
Versus
SPECIAL CHIEF SECRETARY FAMILY WELFARE DEPARTMENT – Respondent
ORDER :
1. Heard Sri G.V.S. Kishore Kumar, learned counsel for the petitioner and Sri R.S. Manidhar Pingali, learned Assistant Government Pleader for Services for respondents 1 to 5.
2. The petitioner, Lab Technician GR-II on contract basis, PHC, Palutlapenta, Prakasam District, filed the above writ petition challenging the show cause notice vide Rc.No. 891-1/E6/2024, dated 25.09.2024 (Ex.P.1), issued by the 5th respondent, as illegal and arbitrary.
3. Learned counsel for the petitioner would submit that the petitioner was selected and appointed to the post of Lab Technician GR-II on a contract basis vide Rc. No. 1449/G1/2022, dated 11.10.2022 in pursuance of notification No. 01/2022 dated 06.08.2022. A complaint was made against the petitioner’s apprenticeship training certificate. The 2nd respondent directed an inquiry. The petitioner attended the inquiry and filed a statement of defense. Pending the same, a show cause notice was issued without furnishing the requisite documents.
4. Learned Assistant Government Pleader, per contra, would submit that writ petition filed, impugning the show cause notice, per se, is not maintainable.
5. Thus, as seen from Ex.P.1, before the issuance of s
An employee must be provided with relevant documents to ensure a fair opportunity to respond to allegations in a show cause notice, upholding principles of natural justice.
An employee must be given a reasonable opportunity to respond to a show cause notice, including access to relevant documents, to uphold principles of natural justice.
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
A show-cause notice must provide clear grounds and relevant materials to ensure compliance with natural justice principles.
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
Disciplinary authorities must provide a fair opportunity to employees before finalizing disagreements with enquiry reports, as per principles of natural justice.
The main legal point established in the judgment is that the violation of principles of natural justice in the enquiry proceedings was not established, and that an employee not willing to participate....
The principles of natural justice require that all relevant documents must be provided to a party to ensure a fair opportunity to respond, failing which disciplinary actions may be invalidated.
The delinquent employee has a right to receive a copy of the Inquiry Officer's report before the Disciplinary Authority arrives at its conclusion with regard to the guilt or innocence of the employee....
Disciplinary proceedings must respect natural justice principles and complete inquiries to ensure validity of show cause notices.
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