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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Kaushik Bhattacharya – Appellant
Versus
Public Service Commission – Respondent
| Table of Content |
|---|
| 1. challenge against disciplinary proceedings (Para 1 , 2) |
| 2. details regarding the examination and petitioner’s role (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. disciplinary proceedings initiated against the petitioner (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. judicial review of disciplinary actions (Para 22 , 23 , 24 , 25 , 26) |
| 5. evaluation of evidence and responses (Para 27 , 28 , 29 , 30 , 31) |
| 6. proof and procedure in disciplinary cases (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 7. circumstantial evidence in misconduct cases (Para 38 , 39 , 40 , 41) |
| 8. natural justice principles in context of evidence (Para 42 , 43 , 44 , 45 , 46 , 47) |
| 9. assessment of penalty and misconduct severity (Para 48 , 49 , 50 , 51 , 52) |
| 10. final dismissal of writ petition (Para 53 , 54) |
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. The present writ petition challenges the legality and propriety of the memorandum of charge sheet dated 08.04.2019, the enquiry report dated 13.08.2019, and the final order of punishment dated 17.02.2020, all issued and/or passed in connection with a disciplinary proceeding initiated against the petitioner. Additionally, the petitioner prays for a writ of cer
The court upheld the dismissal of a public servant for misconduct, emphasizing integrity and impartiality in public service and clarifying standards for judicial review of disciplinary actions.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
The court emphasized the necessity of providing all relevant documents to a charged employee to ensure a fair opportunity for defense in disciplinary proceedings.
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