Back
V. R. K. KRUPA SAGAR
N. N. Prasad – Appellant
Versus
Asst Security Commissioner – Respondent
ORDER :
V.R.K. Krupa Sagar, J.
1. The writ petitioner is a constable in Railway Protection Force. He is governed by the Railway Protection Force Act, 1957 and the Railway Protection Force Rules, 1987. On certain allegations of mis-conduct, a preliminary enquiry was conducted and thereafter a regular departmental enquiry was conducted and he was found guilty by the disciplinary authority and punishment of penalty of reduction of his pay by two stages in the existing scale for a period of three years with cumulative effect was inflicted. His appeal and thereafter his revision before competent authorities were duly considered and were disposed of against him. It is in those circumstances, invoking the jurisdiction of this court under Article 226 of the Constitution of India, he preferred the present writ petition with the following prayer: -
Disciplinary proceedings must adhere to natural justice principles; findings based on evidence are upheld unless proven perverse.
The court emphasized the importance of following principles of natural justice in disciplinary proceedings and allowed the objection about the non-appointment of the Presenting Officer, leading to th....
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
Procedural violations in disciplinary hearings, such as lack of impartiality and proper inquiry conduct, invalidate removal from service and necessitate quashing of disciplinary orders.
Fairness in disciplinary proceedings requires adherence to natural justice, and actions unsupported by adequate evidence are not sustainable.
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
