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ARUN DEV CHOUDHURY
Ramesh Kumar Punia – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC appearing on behalf of respondent Union of India.
2. The present writ petition is filed assailing that a de-novo enquiry against the petitioner on the same set of facts and same witnesses has been initiated inasmuch as in an earlier enquiry the petitioner was exonerated from the said charge. From the material available on record and from the pleadings of the parties certain important facts, which are necessary for determination of the issues involved are summarised below:
The initiation of a second enquiry based on the same allegations after exoneration violates the principle of double jeopardy and established policies against anonymous complaints.
De novo inquiries lacking essential witness examinations violate natural justice principles, rendering dismissal decisions unlawful.
The court ruled that a de-novo enquiry cannot be initiated based on a previously quashed charge-sheet, necessitating a fresh charge-sheet for any new proceedings.
A de novo inquiry is permissible under Rule 26(1) of the CDA Rules when substantial evidence or procedural defects existed in the prior inquiry, ensuring compliance with principles of natural justice....
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
An enquiry is to be conducted against any person giving strict adherence to the statutory provisions and principles of natural justice, the charge should be specific, definite and giving details of t....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Point of law: Whenever an inquiring authority is to be appointed for conducting enquiry under the said rules, they are also requested to bring these instructions to the notice of their subordinates f....
The removal of a Gram Pradhan must comply with statutory inquiry procedures, and failure to do so renders the removal order illegal.
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