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IN THE HIGH COURT OF CHHATTISGARH
Shri Justice Amitendra Kishore Prasad, J
Bam Dev Nag S/o Late Shri Laxmi Chand Nag – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. The petitioner seeks to challenge legality and propriety of order dated 15.12.2023 by which the appellate authority, i.e., the Principal Chief Conservator of Forest has dismissed the appeal of the petitioner and has confirmed the order passed by the disciplinary authority, i.e., the Chief Conservator of Forest, Jagdalpur, Circle Jagdalpur, District Bastar, Chhattisgarh. The disciplinary authority has held the petitioner guilty of the charges and has imposed punishment of withholding of two increments with cumulative effect meaning thereby two increments earned by the petitioner was cut off as a major penalty forever and he could not be able to get higher pay scale which he would have got if the impugned punishment order would not have been passed. The effect of the punishment order would be that in future the earned two years’ increments by the petitioner would not be counted in his time scale of pay as major penalty. The petitioner has filed this petition inter alia with the following reliefs:
“10.1 This Hon’ble Court may kindly be pleased to quash/ set-aside the impugned Order Kramank/770 New Raipur, dated 15/12/2023 issued by the Principal
The disciplinary inquiry was invalid due to the inquiry officer's conflict of interest and the denial of the petitioner's right to a fair hearing.
The principle of natural justice mandates that no one can be a judge in their own cause, and parties must be given a fair opportunity to present their case in disciplinary inquiries.
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
The main legal point established in the judgment is the requirement for an independent and impartial Enquiry Officer, the observance of natural justice, and the appointment of a Presenting Officer in....
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
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 ....
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