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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
| Table of Content |
|---|
| 1. court's observations on procedural aspects. (Para 1 , 13 , 14 , 15 , 16 , 17 , 19) |
| 2. factual background of disciplinary proceedings. (Para 2 , 3 , 20) |
| 3. arguments against the validity of the second enquiry. (Para 4 , 5 , 6 , 10 , 11 , 12) |
| 4. legal rule regarding successive enquiries. (Para 26 , 29) |
| 5. disciplinary authority's actions justified due to failure in initial inquiry. (Para 30) |
| 6. conclusion on the dismissal of the writ petition. (Para 31) |
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 Po
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.
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