DELHI HIGH COURT
REKHA PALLI
Mukesh Singh Bhati – Appellant
Versus
Institute of Human Behaviour and allied Sciences – Respondent
| Table of Content |
|---|
| 1. overview of the petitioner’s employment and inquiry context (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 10) |
| 2. arguments concerning the appointment of the inquiry officer (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's reasoning on the validity of inquiry officer’s appointment (Para 17 , 20 , 21 , 23) |
| 4. clarification of procedural rules regarding inquiry officers (Para 18 , 19 , 22) |
| 5. final decision to dismiss the writ petition (Para 24 , 25) |
JUDGMENT
Rekha Palli, J. (Oral)--The petitioner, who is working with the respondent no.1 as an Assistant Engineer (Civil) and is facing a departmental inquiry pursuant to the chargesheet dated 16.03.2022 issued by the respondent no.1, has approached this Court seeking the following reliefs:
"a. Set aside/quash the charge-sheet dated 16.03.2022 as issued by the Respondent to the Petitioner;
b. Set aside/quash the office order dated 24/30.03.2021 constituting the fact-finding committee, for being an arbitrary exercise of power;
c. Set aside/quash order dated 22/29.07.2022 appointing Mr. Hari Pal Singh as the IO to inquire into the charges as mentioned in charge-sheet dated 16.03.2022;
d. Set aside/quash Order dated 12.08.2022 passed by the R
The appointment of Inquiry Officers is permissible under CCS (CCA) Rules, and requests for change due to bias can be resolved by Disciplinary Authority.
Allegations of bias against an Inquiry Officer must be substantiated with evidence; mere assertions are insufficient to quash proceedings.
Disciplinary inquiries must ensure due process and fairness; age restrictions on inquiry officers can be exempted under specific provisions.
The court emphasized the importance of following principles of natural justice in disciplinary proceedings and allowed the objection about the non-appointment of the Presenting Officer, leading to th....
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....
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....
Disciplinary inquiry vitiated if Disciplinary Authority acts as Enquiry Officer and prosecutor, records adverse witness statements without cross-examination, relies on unfurnished reports, creating r....
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