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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, CHALLA GUNARANJAN
B. Krishna Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. understanding of the events leading to disciplinary action (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments presented by the petitioner regarding jurisdiction and procedure (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. clarification of appointing authorities and their roles (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. analysis of compliance with the vigilance manual (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. impact of the enquiry officer's role and independence (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 6. requirements for fair inquiry and implications of breaches (Para 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
| 7. essentials of appellate consideration as per statutory requirements (Para 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
| 8. conclusion on the proceedings' fairness and legality (Para 65 , 66 , 67 , 68 , 69) |
| 9. final resolution and implications for the petitioner (Para 70 , 71 , 72 , 73 , 74 , 75 , 76) |
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri K.R.K.V. Prasad, learned counsel for the petitioner and Sri Venna Hemanth Kumar, learned Central Government Counsel for the respondents 1 to 6.
2. The petitioner was the applicant in O.A.No.958 of
Procedural violations in disciplinary hearings, such as lack of impartiality and proper inquiry conduct, invalidate removal from service and necessitate quashing of disciplinary orders.
Judicial review in disciplinary proceedings limited to procedural fairness and natural justice; non-statutory vigilance manual violations do not vitiate inquiry without proven prejudice; no re-apprec....
Vigilance department cannot appoint its own officers as enquiry officers in disciplinary proceedings to ensure impartiality and natural justice.
Departure from regular disciplinary enquiry under Rule 14(ii) requires reasoned satisfaction of impracticability; mere staff anger insufficient, mandating compliance with natural justice and Article ....
Disciplinary proceedings against a member of the Railway Protection Force must be conducted in accordance with the Railway Protection Force Rules and the principles of natural justice.
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....
Disciplinary proceedings must adhere to natural justice principles; findings based on evidence are upheld unless proven perverse.
Point of law: Whenever an inquiring authority is to be appointed for conducting enquiry under the said rules, they are also requested to bring these instructions to the notice of their subordinates f....
Departure from regular disciplinary inquiry under Rule 14(ii) RS(D&A) Rules requires specific recorded reasons for impracticability; vague satisfaction invalidates removal order, especially with crim....
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