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SHAMPA DUTT (PAUL)
Bijaya Prasad Samantaray – Appellant
Versus
Board Of Trustees For The Port Of Kolkata – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present writ petition has been preferred praying for direction upon the respondents and each one of them, their men, agents, assignees and subordinate to rescind, recall, revoke and/or withdraw the enquiry proceeding, findings of the Enquiry Officer, penalty order passed by the Disciplinary Authority and the Appellate Authority’s order.
2. The petitioner during his service tenure faced departmental enquiry which has been challenged in the present case. The charges as framed are as follows:
That the said Dr. Bijay Prasad Samantaray is charged with misconduct inasmuch as while working as Health Officer under Medical Department he issued G-20 Bill dated 30.09.2004 after more than three years from receipt of Sr. Accounts Officer (Pre-Audit)'s letter bearing No. 33 dated 27.09.2001 advising issue of pay order of Rs.17,608/- in favour of Sri Ganga Prasad, Safai Mazdoor, Item No.161 being the refund of past salary attached by the Court.
By the above act, the said Dr. Samantaray has exhibited gross irresponsibility and neglect of duty which is unbecoming of an Office of Kolkata Port Trust.
(PROVED)
ARTICLE OF CHARGE – II
That the said D
Judicial review in disciplinary matters is limited; courts defer to disciplinary authorities unless findings are perverse or unsupported by evidence.
Disciplinary authority's findings must be based on evidence; failure to adhere to natural justice principles renders proceedings void.
(1) Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the ....
Acquittal in a criminal trial does not automatically invalidate disciplinary proceedings, but substantial overlaps in evidence may necessitate reconsideration of the latter's findings. Procedural fai....
The main legal point established in the judgment is the need for the disciplinary authority to follow the principles of natural justice and impose proportionate punishment, considering the discretion....
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
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