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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Union of India – Appellant
Versus
S.K. Ajmer – Respondent
JUDGMENT :
Madhuresh Prasad, J.
1. The Commandant (CISF Unit) ECL Seetalpur vide order dated 20/21.12.2005 awarded a penalty of reduction of pay by one stage with cumulative effect to the writ petitioner, a constable in the force. The petitioner’s appeal against the order of the disciplinary authority was rejected by the appellate authority on 17.02.2006. The order of the disciplinary authority and the appellate authority were impugned in the writ petition. The Hon’ble Single Judge by a judgment dated 22.03.2011 set aside the order of the disciplinary authority relying upon the provisions contained in Clause (c) of sub-Rule (5) of Rule 36 of the Central Industrial Security Force Rules, 2001 (hereinafter referred to as the “2001 Rules” for short). The Hon’ble Single Judge concluded :
“When acting on the representation of the Presenting Officer the Inquiring Authority concluded that the charge against the petitioner was not proved, the Disciplinary Authority could not take a view different from what the Presenting Officer took before the Inquiring Authority. By this I mean that the Disciplinary Authority presenting his case before the Inquiring Authority through his duly appointed Prese
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 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.
Mandatory violation of Rule 15(2) CCS (CCA) Rules by not serving Disciplinary Authority's tentative disagreement note with favourable inquiry report vitiates proceedings without needing prejudice tes....
The dismissal of employees without a regular departmental enquiry and based solely on a preliminary enquiry was held to be arbitrary and unsustainable.
Disciplinary proceedings must follow the principles of natural justice, including the right to evidence, but non-supply of evidence does not invalidate proceedings if the accused received a fair chan....
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
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