I.A.ANSARI
Akshay Mazumdar – Appellant
Versus
Chairman Assam State Text Book Production and Publication Ltd. and Ors. – Respondent
When a Government Corporation, which has not formally adopted disciplinary rules, regulations, executive instructions, etc., initiates a disciplinary proceeding against one of its managerial staff' under a set of rules applicable to Government employees of the State, whether resort to such rules is permissible in law and if the disciplinary authority does not, while taking action under such set of rules, follow the procedural safeguards laid down in such rules, appoints an enquiry officer, who examines witnesses behind the back of the delinquent, one of such witnesses being even from outside the list of witnesses furnished to the delinquent, without assigning any reason therefore, and when the disciplinary authority, without furnishing enquiry report of the such an enquiry and without caring to find out from, or listen to, the delinquent as to how the enquiry was really conducted, imposes a penalty not prescribed under the rules, so resorted to, can findings of such an enquiry and/or the penalty imposed £e allowed by a writ Court to stand good on record are some disquietening features of the present writ petition.
2. In the above backdrop, let me consider the case of
AIR 1993 SC 2592: Naseem Banu Vs. State of U.P. & Ors.
(1999)1 SCC 733: Union of India & Anr. Vs. P. Thyagarajan 2
(1999)2 SCC 10: Kuldeep Singh Vs. Commissioner of Police & Ors.
(1999)4 SCC 759: State Bank of India & Ors. Vs. T.J. Paul
(2001)5 SCC 664: Tondon Brothers Vs. State of W.B.
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