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SHAILESH P. BRAHME
President/secretary – Appellant
Versus
Shri. Sangale Raosaheb Narayan – Respondent
JUDGMENT
Shailesh P. Brahme, J. - Rule. Rule is made returnable forthwith. Heard litigating sides finally at the admission stage.
2. In both the petitions, judgment and order dated 25.04.2022 passed by the Presiding Officer, School Tribunal, Solapur in Appeal No.27/2017 is under challenge. I would refer to the papers of Writ Petition No.7482/2022 for the sake of convenience. It is preferred by the management against quashment of order of termination and direction to conduct fresh enquiry within six months by suspending respondent no.1. Writ Petition No.12561/2022 is filed by the respondent no.l/employee against direction to conduct fresh enquiry by suspending him, instead of granting him reinstatement with full back-wages.
3. Respondent no.1 was working as Kamathi in Ashram School run by the petitioner since 12.06.2006. He was permanent employee. He was found to be indulging into misconduct, negligence and absentees. He was issued with statement of allegations and charge-sheet vide letter dated 29.11.2016. An enquiry committee was constituted comprising of four members. It submitted report on 10.07.2017 to the management. Respondent no.1 was terminated by order dated 17.07.2017 with e
Non-compliance with the rules governing the enquiry procedure and bias on the part of the Management and the Enquiry Committee led to the vitiation of the entire enquiry against the respondent no.3.
The central legal point established in the judgment is the importance of providing a reasonable opportunity for the employee to defend himself and the consequences of breaching statutory rules and pr....
Disciplinary proceedings must adhere to established procedures, including notice and opportunity to defend, to ensure compliance with natural justice.
The main legal point established in the judgment is the requirement for compliance with the prescribed procedure under Rules 36 and 37 of the Rules of 1981 in conducting enquiries, and the entitlemen....
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
The Tribunal's decision to go into the merits of the charges and direct reinstatement was erroneous, and the Court remanded the disciplinary proceedings for a fresh enquiry, maintaining the dismissal....
The court established that adherence to procedural fairness is critical in disciplinary proceedings, and penalties must be proportionate to the misconduct, especially considering the employee's lengt....
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
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....
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