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ARIJIT BANERJEE, BISWAROOP CHOWDHURY
Regional Manager and Disciplinary Authority – Appellant
Versus
Ghanashyam Gurung – Respondent
| Table of Content |
|---|
| 1. dismissal of employee (Para 1 , 2 , 3 , 4) |
| 2. appellants' contention (Para 5 , 6) |
| 3. petitioner's defense (Para 7) |
| 4. hasty proceedings (Para 8) |
| 5. lack of opportunity (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 6. appeal outcome (Para 45 , 46 , 47 , 48) |
JUDGMENT :
1. This Appeal is directed against the Order dated 22/05/2024 passed in Writ Petition WPA-773 of 2022 by a Learned Single Judge of this Court. Learned Single Judge by order dated 22/05/2024 was pleased to allow the Writ Petition WPA-773 of 2022 by setting aside and quashing enquiry report dated 24th December 2019, the order of dismissal from service passed by the Disciplinary Authority/Appellant no-2 dated 30th December 2019 and the order of Appellate Authority dated 7th October 2021, which were under challenge in the said Writ Petition.
3. On December 17, 2019 in the late evening the petitioner received phone calls regarding advise to response to the charge sheet. The petitioner immediately prepared a reply to the charge sheet on December 18, 2019. During Office hours on
Disciplinary proceedings must adhere to principles of natural justice, providing adequate opportunity for defense, especially when an employee is facing serious charges and imminent retirement.
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.
Point of Law - It is a settled legal proposition that, once the Court set asides an order of punishment on the ground, that the enquiry was not properly conducted, the Court should not severely precl....
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
The disciplinary authority must show a difference of opinion with the enquiry officer's finding before inflicting punishment and provide an opportunity for representation.
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