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V. KAMESWAR RAO
Sapan Kumar Ram – Appellant
Versus
Indira Gandhi National Open University (ignou) – Respondent
JUDGMENT
V. Kameswar Rao, J. - The present petition has been filed by the petitioner with the following prayers:
"In view of the facts and circumstances mentioned herein above and the submissions made, the Petitioner prays that the Hon'ble High Court may be graciously pleased to;
(i) issue notice to the Respondent University to show cause as to why the impugned Charge Sheet dated 14.03.2017 (Annexure: P-1); Order dated 05.05.2017 (Annexure: P-1) appointing Respondent No.2 as the Inquiring Authority; and all enquiries after 10.11.2017 [Daily Order Sheets at Annexure: P-3 to Annexure: P-9] be not quashed and set aside by a writ of certiorari or any other appropriate writ or direction;
(ii) direct the Respondent to produce the relevant records pertaining to the present case at the time of hearing of the Petition;
(iii) upon return of the notice and after hearing the parties to the present proceeding and upon perusal of the relevant records, may be pleased to allow the present Writ Petition;
(iv) quash and set aside the Impugned Charge Sheet dated 14.03.2017 (Annexure P-1); Or, alternatively;
(v) quash and set aside the impugned Order dated 05.05.2017 appointing Respondent No. 2 as the Inqui
Allegations of bias against an Inquiry Officer must be substantiated with evidence; mere assertions are insufficient to quash proceedings.
The legal validity of disciplinary actions relies on adherence to natural justice and proper procedure in inquiry; mere allegations of bias or misconduct without substantial evidence are insufficient....
Cognizance of bias allegation against inquiry officer mandates halting disciplinary inquiry until competent authority disposes it; certified copies suffice where originals unavailable in court; retir....
Disciplinary inquiries must ensure due process and fairness; age restrictions on inquiry officers can be exempted under specific provisions.
Judicial review in disciplinary proceedings limited to procedural fairness and natural justice; no interference absent perversity or bias; facilitation of witness deposition not bias; repeated frivol....
In disciplinary proceedings, tribunal cannot interfere with findings or punishment unless perverse; principles of natural justice satisfied if opportunities provided despite non-cooperation; no manda....
Disciplinary proceedings must adhere to procedural rules; failure to prove bias or improper document denial results in dismissal of application.
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