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NELSON SAILO
Taizuddin Laskar S/o Late Basir Uddin Laskar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. I. Rafique, learned counsel for the petitioner and Mr. K. Konwar, learned Addl. Advocate General, Assam assisted by Mr. A.K. Ghosh, learned counsel for the respondents.
[2.] By filing this writ petition, the petitioner who was working as Driver/Naik in the Assam Police has challenged the order by which he was dismissed he was dismissed from service and also the order by which his appeal was rejected by the Appellate Authority. The sole issue to be considered and decided is as to whether any prejudice has been cause to the petitioner for not giving him the opportunity to produce and examine the sole defense witness named by him.
[3.] The petitioner was served with a Show Cause Notice dated 31.08.2020 where it was stated that in the investigation that was made, it was revealed that he was keeping in regular contact with known drug peddlers and that they were all together arrested on being found to be involved in a criminal case. Therefore, the Show Cause Notice was issued charging him of gross misconduct, indisciplined conduct and dereliction of duty rendering him unfit to continue in the force. He was therefore asked to submit his written statement in his defense w
The denial of the opportunity to examine a defense witness in disciplinary proceedings constitutes a violation of procedural fairness, warranting the annulment of the dismissal order.
Disciplinary proceedings must adhere to the principles of natural justice, ensuring adequate opportunity for defense, including cross-examination of witnesses.
The court emphasized the limited scope of judicial review in disciplinary proceedings, highlighting the need for compliance with rules of natural justice, the presence of some evidence to support fin....
The main legal point established is the requirement for a fair and evidence-based disciplinary proceeding, including the right to cross-examine witnesses and the importance of providing crucial docum....
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.
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
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