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K. VINOD CHANDRAN, PARTHA SARTHY
State of Bihar – Appellant
Versus
Vikash Kumar @ Vikas Kumar – Respondent
K. Vinod Chandran, CJ.—The appeal is by the State against the judgment of the learned Single Judge which set aside the order of dismissal passed by the appointing authority; confirmed by the appellate and revisional authority
2. We heard the learned Advocate General for the State.
3. The respondent, who was the writ petitioner was a Constable who was proceeded against on allegations of misconduct, an enquiry conducted and allegedly based on the evidence adduced, dismissed from service. The allegation of misconduct was that he celebrated a birthday party with a Probationer Lady Constable.
4. The learned Single Judge found that there was absolutely no valid evidence led at the enquiry conducted. Two officers of the police force who conducted the preliminary enquiry were examined before the Enquiry Officer. They merely stated that statements taken from eye witnesses, who saw the petitioner with the lady probationer, indicated that they were at a party and to avoid detection; the petitioner together with the probationer ran away and jumped over the boundary wall of the party venue. The learned Single Judge found that since there was no valid evidence led at the enquiry, the order of dismi
Termination based solely on documents without witness examination violates principles of natural justice, necessitating a fair enquiry process.
oral inquiry is a serious flaw which can vitiate the order of disciplinary proceeding including the order of punishment
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
Procedural fairness and adherence to principles of natural justice are critical in disciplinary enquiries, and failure to comply can render a dismissal unjust.
In disciplinary proceedings, the Disciplinary Authority is not bound by exoneration by the Inquiry Authority, and adherence to principles of natural justice is crucial; delay alone does not invalidat....
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