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HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad, J
Bam Dev Nag S/o Late Shri Laxmi Chand Nag - Appellant
Versus
State of Chhattisgarh - Respondent
WPS No. 970 Of 2024
Decided On : 31-01-2025
(A) Civil Services (Classification, Control and Appeal) Rules, 1966 - Principle of natural justice - The petitioner challenged the disciplinary authority's order imposing a major penalty of withholding increments, claiming bias in the inquiry process and lack of opportunity to present a defense. The court found that the inquiry officer had a conflict of interest and that the petitioner was not afforded a fair hearing, violating principles of natural justice. (Paras 6, 10, 11)
(B) Natural Justice - No one can be a judge in his own cause - The court reiterated that an inquiry officer who recommended action against the petitioner could not preside over the inquiry, rendering the process invalid. (Paras 8, 9)
(C) Opportunity to be heard - The court emphasized the necessity of providing a proper opportunity for the petitioner to present his defense, which was not done in this case. (Paras 10, 11)
Facts of the case:
The petitioner, a Deputy Ranger, faced disciplinary action based on allegations of financial misconduct regarding labor payments, despite having paid the laborers satisfactorily. He claimed the inquiry was biased and lacked due process.
Findings of Court:
The court found the disciplinary proceedings flawed due to bias and lack of fair hearing, leading to the quashing of the disciplinary orders.
Issues: The main issues were the bias of the inquiry officer and the denial of a fair hearing to the petitioner.
Ratio Decidendi: The court ruled that the inquiry was invalid due to the inquiry officer's conflict of interest and the failure to provide a fair opportunity for defense.
Result: The writ petition is allowed, and the disciplinary orders are quashed.
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 Chief Conservator of Forest & Head of Forest Forces, arising out of Order Kramank/602 New Raipur, dated 09/10/2023 issued by the Additional Principal Chief Conservator of Forest, (Administrative Non-Gazette) & Order Kramank/ Stha./284, Jagdalpur dated 26/12/2022 issued by the Chief Conservator of Forest, Jagdalpur Circle, Jagdalpur, District Bastar, C.G.
10.2 This Hon'ble Court may kindly be pleased to call for entire records of D.E. from the office of the respondents in respect of petitioner's claim for kind perusal of this Hon'ble High Court.
10.3 That, this Hon'ble Court may kindly be pleased to call for the explanation from all the respondent authorities and if necessary direct the external agency to make an enquiry in this regard and submit report against the respondent authorities, if found that the authorities are deliberately passed impugn order to harass the petitioner.
10.4 This Hon'ble court may kindly be pleased to direct the Respondents to provide the cost of the petition and other expenses suffered by the petitioner and pay compensation for undue suffering of the petitioner.
10.5 That, this Hon'ble Court may kindly be pleased to pass any other order for which the petitioner is entitled and the Hon'ble Court may deem it fit in favour of the petitioner.”
2. It has been submitted by the petitioner that he is working as a Deputy Ranger in the Forest Department. In the year 2019, he was posted as a Forest Range Officer (Production) at Bhopalpatnam. During his tenure, bamboos were harvested for the year 2021-22 under the guidance and supervision of the petitioner. Out of total 6 bamboo coopers, about 5 bamboo cooper were harvested for commercial purposes as per Chhattisgarh Forest Manual. The higher authorities have inspected the work of harvesting of bamboos and upon their certification and verification a sum of Rs.43,81,168 was given to the petitioner for payment towards labourers. The petitioner in the month of February – March of 2021 has paid a total sum of Rs.43,81,168. There was no complaint from any corner either from the side of labourers or any other person as the concerned labourers who were engaged in the work have received the amount to the utmost satisfaction of their work. Subsequently, a charge-sheet was issued to the petitioner with an allegation that some oral complaints have been made against the petitioner that he has not paid Rs.9,92,386 to the labourers. Upon receipt of charge-sheet on 20.9.2021, the petitioner has filed an application for getting relevant documents in respect of the departmental inquiry initiated against him. The petitioner requested the authorities to give the list of documents, evidence of witnesses and copy of the vouchers on the basis of which allegations were made against him in order to file a suitable
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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