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ROBIN PHUKAN
Sushant Saurabh Jha – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
Heard Mr. P.K. Tiwari, learned Senior Counsel assisted by Mr. K. Saxena, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate for the respondents.
2. As the common question of law and facts and as a common order, being No. PHQ/PB/DP-43/2023, dated 18.04.2024, are being challenged in both these writ petitions and as agreed upon, it is proposed to dispose of both the writ petitions by this common judgment and order.
3. In these petitions, under Article 226 of the Constitution of India, the petitioners have challenged the order No. PHQ/PB/DP-43/2023, dated 18.04.2024, passed by the Director General of Police, Arunachal Pradesh.
4. The background facts, leading to filing of the present petitions, are briefly stated as under:
A second enquiry on the same charges is impermissible under service jurisprudence, and failure to provide an opportunity for representation violates natural justice principles.
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 ....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
Disciplinary action under Article 311(2)(b) must be supported by robust evidence; reliance on mere presumptions about witness intimidation without conducting an inquiry contravenes natural justice pr....
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
The main legal point established in the judgment is the violation of the principles of natural justice in the departmental inquiry, leading to the quashing of the impugned order and the reinstatement....
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