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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
EX CN (WO/WT) Jwngsar Brahma (force no. 20186059), Son Of Rushel Brahma – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. S. Baruah, learned counsel appearing on behalf of the petitioner. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, representing the State respondents.
2. The challenge in the present proceeding is to an order dated 03.04.2021, passed by the Superintendent of Police (Communication), H.Q.-II, Ulubari, Assam as Disciplinary Authority, imposing upon the petitioner, the penalty of removal from service in pursuance to a departmental proceeding held against him in the matter.
3. The facts in brief requisite for the purpose of adjudication of the issues arising in the present proceeding is noticed herein below: -
The petitioner was enlisted as a Constable of Police (Wireless Operator/Wireless Technician) on 12.01.2018, on probation in the establishment of the Assam Police Radio Organisation (APRO in short).
The petitioner had remained absent from his duties w.e.f. 13.03.2019 and had rejoined his services on 01.04.2019. Again the petitioner remained absent from his duties on 08.04.2019 and had only resumed his duties on 24.05.2019. The petitioner, thereafter, remained absent from 09.07.2019 to 17.08.2019. The said period o
Disciplinary authorities may order a de novo enquiry in cases of procedural irregularities, allowing for a fair assessment of allegations, as long as the accused can participate and defend against th....
De novo inquiries lacking essential witness examinations violate natural justice principles, rendering dismissal decisions unlawful.
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
A disciplinary authority may order a further inquiry to correct deficiencies in initial proceedings when necessary for ensuring justice, provided it does not violate principles of natural justice.
Action to initiate a de novo enquiry on the same charges after completion of the earlier enquiry culminating with findings of exoneration of the petitioner is wholly without jurisdiction and accordin....
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