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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Dibya Jyoti Bora S/o Late Bipin Bora – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. KN Choudhury, the learned senior counsel assisted by Mr. J Patowary, the learned counsel appearing on behalf of the petitioner. Mr. HK Das, the learned counsel appears on behalf of the Gauhati High Court.
2. The present writ petition has been filed challenging the show cause notice dated 22.05.2023 issued by the District & Sessions Judge, Nagaon, Assam and the subsequent initiation of the departmental proceedings on the basis of memorandum of charges dated 30.06.2023.
3. The question which arises for consideration before this Court is as to whether on the basis of anonymous complaints, a departmental proceedings could have been initiated?
4. For adjudicating the said aspect of the matter, this Court finds it relevant to refer to the facts involved in the instant case. The record reveals that the petitioner herein was appointed as a Computer Typist in the Establishment of the respondent No.3 vide an appointment letter dated 22.08.2017. On 03.01.2023, the petitioner was suspended by the respondent No.3, pending a preliminary enquiry. Subsequent thereto, vide another order dated 31.03.2023, the said suspensi
Disciplinary proceedings cannot be initiated solely on anonymous complaints without verification; proper procedures must be followed to ensure accountability.
Departmental proceedings must be initiated by the appointing authority, and failure to comply with this requirement renders the proceedings void, violating principles of natural justice.
Departmental proceedings initiated without the appointing authority's approval are void, and failure to provide access to relevant documents violates natural justice principles.
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
It is by now well settled that once the court sets aside an order of punishment on the ground that enquiry was not properly conducted, the court may not reinstated the employee and it must remit the ....
Necessity of framing definite charges in Departmental Proceedings and distinctness of allegations in different Show Cause Notices
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