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2002 Supreme(Gau) 479

I.A.ANSARI
Ram Niwas – Appellant
Versus
Union of India and Ors. – Respondent


Advocates Appeared:
D.K.Mishra, N.Sinha, G.Sinha

I.A. ANSARI, J.—

When the disciplinary authority initiates a disciplinary proceeding against his employee and appoints an enquiry officer for holding the enquiry, but does not care to find out from, or refuse to listen to, the employee as to how the enquiry had progressed, whether the enquiry held was fair and when the disciplinary authority ignores the fact that the previous statement of a witness has been relied upon without .producing the witness for cross-examination, when a confessional statement allegedly made by the employee as an accused to a police officer is relied upon without calling for the police officer as a witness at the enquiry and without ascertaining the voluntariness and truthfulness of the confessional statement so made and when in such circumstances, the enquiry report is not furnished to the employee to enable him to have his say in the matter, can the findings of the enquiry officer and the penalty imposed in consequence thereof be sustained by the Courts are some of the significant questions, which this writ petition has raised for consideration by this Court.

2. With the help of the present application made under Article 226 of the Constitution of India, th




















































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