Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Binod Kumar Deka S/o Late Prafulla Ch. Deka – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Mazumdar, learned Addl. Advocate General, Assam assisted by Ms. M. Bhattacharjee, learned Addl. Senior Government Advocate for the State respondents.
2. Insofar as the WP(C) No. 6815/2023, the case projected by the petitioner before this Court is that the he is a retired ACS Officer of the State of Assam. He was superannuated from service as the Joint Secretary to the Government of Assam, Secretariat as Administrative Department. During his tenure as an ACS Officer, while he was posted as the Deputy Commissioner for the District of Chirang certain allegations were made against him that he had accepted illegal gratification in his office chamber. He was therefore, placed under suspension vide suspension Order dated the 14.09.2017. In this context an FIR was also filed against the petitioner on the 22.09.2017, which was registered as ACB PS Case No.25/2017 alleging that the petitioner took bribe. The petitioner was put under suspension on the basis of a report submitted by the Superintendent of Police, Vigilance & Anti Corruption, Assam vide letter No. DGVA/RI/2017/3376 dated 08.0
Disciplinary Authorities must allow representation to the delinquent officer before making adverse decisions, particularly when criminal charges are identical and resulted in discharge.
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
De novo inquiries lacking essential witness examinations violate natural justice principles, rendering dismissal decisions unlawful.
Acquittal in a criminal trial does not automatically invalidate disciplinary proceedings, but substantial overlaps in evidence may necessitate reconsideration of the latter's findings. Procedural fai....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
Disciplinary authority's findings must be based on evidence; failure to adhere to natural justice principles renders proceedings void.
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
