Back
GOUTAM BHADURI, SANJAY S. AGRAWAL
Sunil Sharma, S/o. Shri D. P. Joshi – Appellant
Versus
Registrar, High Court of M. P. Jabalpur – Respondent
JUDGMENT :
(Sanjay S. Agrawal J.) :
1. The appellant has preferred this appeal under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, questioning, the legality and propriety of the order dated 22/11/2019 passed by learned Single Judge in WP No.4835 of 1997, whereby, the order dated 13/12/1996 passed by the appellate authority affirming the order of his termination from service passed by the disciplinary authority on 23/09/1994 has been upheld while dismissing the petition. Parties shall be referred hereinafter as per their descriptions before the learned Single Judge.
2. Briefly stated the facts of the case are that the petitioner-Sunil Sharma, who was appointed as Lower Division Clerk and was performing his duty as a Deposition Writer in the Court of Second Civil Judge, Class-II at Mahasamund, was placed under suspension vide order dated 01/10/1992 and thereupon, a chargesheet was served upon him on 14/11/1992. In the said chargesheet, as many as 08 charges were framed against him by the respondent no.2-District and Sessions Judge, Raipur and vide order dated 16/11/1992 (Annexure P-3), he was directed to submit his reply within a period of 15 days.
The main legal point established in the judgment is the violation of natural justice in the termination of the petitioner's service, particularly in relation to charge no.8, and the court's decision ....
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 ....
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
