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IN THE HIGH COURT AT CALCUTTA
Raja Basu Chowdhury
Surajit Panigrahi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenging disciplinary actions process. (Para 1 , 2) |
| 2. contention of petitioner regarding evidence tampering. (Para 3 , 4) |
| 3. arguments on procedural validity and grounds of challenge. (Para 6 , 7) |
| 4. observations on disciplinary authority's decisions. (Para 8 , 11) |
| 5. impropriety of charges and non-application of mind. (Para 9 , 12 , 13) |
| 6. final judgment and order of allowed writ petition. (Para 14 , 15 , 16) |
JUDGMENT :
Raja Basu Chowdhury, J.
1. Challenging the disciplinary proceeding including the impugned resolutions and orders passed by the disciplinary authority whereby, a punishment in the form of major penalty of dismissal from service having been affected on the petitioner with effect from 16th October, 2017, the instant writ petition has been filed.
2. It is the petitioner’s case that the petitioner while working in the office of the Controller Auditor General of India, in response to an advertisement of Bose Institute, an autonomous institute, Department of Science and Technology, under the Ministry of Science and Technology, Government of India, having its office at 93/1, Acharya Prafulla Chandra Road, Kolkata – 700009, had applied for the post of Registra
Disciplinary proceedings require clear communication of specific charges and independent consideration of a respondent's objections to uphold principles of natural justice.
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.
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
The failure to issue a disagreement note when the disciplinary authority disagrees with the Enquiry Officer's findings constitutes a violation of natural justice, necessitating remittance for proper ....
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