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RAJA BASU CHOWDHURY
Utpal Kumar Biswas – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J:
1. The present writ petition has been filed, inter alia, challenging the order dated 21st November, 2013 and the charge sheet dated 3rd December, 2013.
2. The petitioner is the head constable of the Railway Protection Force (RPF) and at the material point of time was posted at Reserve Coy, Liluah under Howrah-I Division. While he was posted at RPF Post, Belur Scrap Yard he was placed under suspension by order dated 6th July, 2011 in contemplation of a disciplinary proceeding. Subsequently, the order of suspension was revoked by the competent authority by order dated 8th May, 2012. Following the aforesaid, a departmental proceeding was initiated against the petitioner on the basis of a charge sheet dated 28th December, 2011 issued by the Senior Security Commissioner, RPF, Eastern Railway, in his capacity as the Disciplinary Authority of the petitioner.
3. Immediately, upon such charge sheet being issued, the petitioner had made a detailed representation dated 25th January, 2012 denying all material allegations. Unfortunately, the petitioner’s representation having not been found satisfactory, an enquiry officer was appointed to enquire into the cha
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 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 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.
Disciplinary proceedings require clear communication of specific charges and independent consideration of a respondent's objections to uphold principles of natural justice.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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 impugned action of the Force in issuing the orders of preparation and issuance of a fresh charge-sheet and a full-fledged departmental enquiry could not be sustained under Rule 219.4 (b).
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