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THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SRI SURESH S/O SANGAPPA BANI – Appellant
Versus
THE DIVISIONAL MANAGER – Respondent
| Table of Content |
|---|
| 1. prayer for writ quashing the order. (Para 1) |
| 2. denial of salary and gratuity for 143 days. (Para 3) |
| 3. no enquiry conducted despite notice. (Para 4) |
| 4. citing precedents on penalties without enquiry. (Para 5 , 7) |
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
A. Issue writ of Certiorari or any other writ or order quashing the Order dated 31/05/2022, bearing No.Va.Ka.Ra.Sa/ CHI.VI/ SIBBANDI/ GAI.HA/122/22- 1556, issued by the respondent, vide Annexure-L, and.
B. Consequent upon quashing the aforesaid order, issue writ of Mandamus directing the respondent to treat the period of absence of 143 days as on duty for the purpose of payment of Gratuity, and
C. Issue any other writ order as this Hon’ble court may deem fit in circumstances of the case including the cost, in the ends of justice.
2. Heard learned counsel Sri.Ravi Hegde, appearing for petitioner and learned counsel Sri.Madanmohan M. Khannur, appearing for respondent.
3. The issue in the lis revolves around denial of salary and gratuity for a period of 143 days.
4. Learned counsel Sri.M. M. Kannur submits that no enquiry was necessary to be conducted in the light of the p
Minor penalties require adherence to procedural fairness, including an inquiry, failing which the penalty is void.
Minor penalties cannot be imposed without conducting an enquiry or assigning reasons for dispensing with the enquiry, in accordance with the principles of natural justice.
Disciplinary action must adhere to principles of natural justice; vague charges necessitate a proper inquiry, and appellate decisions require thorough reasoning.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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