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RAJANI DUBEY
Om Prakash Agrawal (Died) – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has preferred the present writ petition praying for the following reliefs:
(2) That this Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari quashing the impugned order dated 2.3.2009 Annexure P-1 passed by the respondent no. 4;
(3) That this Hon'ble Court may kindly be pleased to impose heavy cost upon the respondents.
(4) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner.
2. Brief facts of the case are that the petitioner while rendering his services on the post of Senior Branch Manager was attached with Head Office, Bilaspur. On 15.4.2006 Lakhan Lal Kaushik and Baldau Prasad made a written complaint to the respondent no. 3 alleging that though at any point of time they have not taken any agricultural loan in their name from the respondent bank Ratanpur Branch, but they have been served with demand notice for repaym
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Mistakes in implementation of disciplinary proceedings do not invalidate findings against impersonation if the misconduct is substantiated. Delays in proceedings, while regrettable, do not excuse fra....
The court established that in disciplinary proceedings, the principles of natural justice must be followed, but the court's role is limited to ensuring procedural fairness rather than re-evaluating t....
Departmental inquiry must comply with principles of natural justice; lack of fair hearing and reasoning in appellate decisions render them invalid.
The court emphasized that a departmental inquiry must be conducted fairly and impartially, and findings cannot stand if the inquiry officer is biased or involved as a witness.
: : (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....
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