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KAUSHIK GOSWAMI
Ajit Bezbaruah, Ex Constable No. 48, S/o. Rajen Bezbaruah – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary, Deptt. of Home, Dispur – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate for the State respondents.
2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioner is challenging the disciplinary proceedings and the order “Dismissal from Service” dated 03.07.2015 passed by the Commandant 10th Assam Police Battalion, Kahilipara, Guwahati-19 and the order dated 02.04.2018 by the appellate authority upholding the findings of Disciplinary Authority.
The facts of the case are as follows:-
3. The petitioner who was a constable in the in 10th Assam Police Battalion upon having over stayed his leave, the disciplinary proceedings was initiated against him for his alleged unauthorized absence in Government duty.
4. After completion of the departmental proceedings by order dated 03.07.2015, the petitioner was dismissed from service against which an appeal was preferred by the petitioner.
5. However, the said appeal was also dismissed by the appellate authorities by order dated 02.04.2018. Situated thus, the present writ petition has been filed.
6. Mr. R. Mazumdar, learned couns
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
The court holds that procedural adherence in disciplinary proceedings is essential, and mere allegations of procedural violations without prejudice do not warrant judicial intervention.
Disciplinary proceedings must adhere to the principles of natural justice, ensuring adequate opportunity for defense, including cross-examination of witnesses.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Disciplinary authorities must provide a fair opportunity to employees before finalizing disagreements with enquiry reports, as per principles of natural justice.
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
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