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RAJA BASU CHOWDHURY
Hira Lal Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. Affidavit-in-reply filed in Court today is retained with the record.
2. The present writ application has been filed, inter alia, challenging the charge-sheet dated 8th May, 2008, the findings of the enquiry officer dated 16th October, 2008, the show cause notice dated 17th October, 2008, the order of punishment dated 31st October, 2008 and the order passed by the Appellate Authority dated 10th June, 2009. The petitioner is a constable of Railway Protection Force (in short RPF) of Eastern Railway and at the time of filing of the writ application, the petitioner was posted at RPF, Jamalpur (Yard) Post in Malda. The petitioner, while being posted at Jamalpur (Yard) Post was served with a charge-sheet dated 8th May, 2008, wherein it was alleged that while he was detailed for mess duty vide Diary Entry no. 1079 at 07.00 hours on 24th February, 2008, he had, in gross dereliction of his duties left the mess and was found present at Daulatpur Railway colony where he sustained bullet injury. Along with the charge-sheet, the petitioner was supplied with a list of prosecution witnesses and a list of documents which, inter alia, included findings of the Court
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
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....
The court established that an employee must be given a chance to respond to an enquiry officer's findings before a disciplinary authority makes a decision, as a matter of natural justice.
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
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