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THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SRI SURESH S/O SANGAPPA BANI – Appellant
Versus
THE DIVISIONAL MANAGER – Respondent
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 penalty being depicted as a minor penalty under the regulations. Notice was issued for appearance before the competent authority. The petitioner though in receipt of notice fails to appear before the authority. Therefore, the resp
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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 ....
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
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