DELHI HIGH COURT
V.KAMESWAR RAO
Sapan Kumar Ram – Appellant
Versus
Indira Gandhi National Open University – Respondent
| Table of Content |
|---|
| 1. petitioner's prayers for quashing inquiry orders. (Para 1) |
| 2. petitioner challenges inquiry officer's bias. (Para 2 , 3 , 4) |
| 3. respondent defends inquiry officer's actions. (Para 5 , 8 , 12) |
| 4. charges relate to fraudulent transactions. (Para 6) |
| 5. supreme court's tests of bias established. (Para 7 , 9 , 10 , 11 , 14 , 15 , 16) |
| 6. petitioner's conduct suggests premeditated strategy. (Para 13) |
| 7. court dismisses the petition. (Para 18) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--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
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....
The appointment of Inquiry Officers is permissible under CCS (CCA) Rules, and requests for change due to bias can be resolved by Disciplinary Authority.
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....
A de novo inquiry is permissible under Rule 26(1) of the CDA Rules when substantial evidence or procedural defects existed in the prior inquiry, ensuring compliance with principles of natural justice....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.