Back
HIGH COURT OF CHHATTISGARH
Parth Prateem Sahu
G. L. Mishra S/o Shri Gajanand Prasad Mishra – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
(Parth Prateem Sahu, J.)
1. Petitioner has filed this petition seeking following relief (s) :-
“10.1 That, the Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari quashing the impugned order dated 31.12.1991 (Annexure P-2) passed by the respondent no. 3 and the order dated 07.04.2018 (Annexure P1) passed by the respondent Digitally signed by no. 2, in the interest of justice.
10.2 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to refund the amount of pay and allowances withheld pursuant to the impugned order dated 31.12.1991 to the petitioner with interest at 18% per annum on the withheld amounts from the dates withheld to the date of refund.
10.3 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to treat the period of suspension as period spent on duty.
10.4 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to draw the annual increments due during the period of suspension till the impugned order 31.12.1991 and the Hon'ble Court may further be pleased to direct
The non-supply of the enquiry report and lack of opportunity to respond to it constitutes a violation of natural justice, rendering the punishment order unsustainable.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
Disciplinary authority must supply enquiry report to employee before forming punishment opinion; failure breaches natural justice without needing prejudice proof; proceedings remanded for compliance.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
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
