Back
RAJA BASU CHOWDHURY
Mina Debi Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The present writ petition has been filed, inter alia, challenging the enquiry proceeding, the findings of the enquiry officer dated 29th September, 2013, the order of dismissal dated 12th October, 2012, the order passed by the appellate authority dated 29th January, 2014 and the order passed by the revisional authority dated 21st November, 2014.
2. Shorn of unnecessary details, the facts are that the petitioner was a constable of the Railway Protection Force (RPF) of Eastern Railways and at the material point of time was posted at C & T.E. Coy, Asansol. While being posted at the RPF post, Andal, a departmental proceeding was initiated against the petitioner by issuing a charge-sheet dated 28th August, 2000 whereby, a charge of discreditable conduct was levelled against him on the basis of an allegation that while on duty the petitioner along with his colleague S.K. Vatsa alleged to have raped a girl aged about 20 years which had brought discredit to the reputation of the force and the same was also in violation of the Railway Service Conduct Rules.
3. On the basis of the aforesaid charge-sheet, an enquiry proceeding was conducted which ultimately,
The admissibility of evidence from a criminal trial in a departmental proceeding, the burden of proof, and the standard of proof required in a departmental proceeding.
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 main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
