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IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG
Om Prakash Agarwalla S/O- Late Chandmal Agarwalla – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. dismissal of employee based on inquiry report. (Para 2 , 3) |
| 2. procedural fairness in disciplinary proceedings. (Para 4 , 5) |
| 3. need for proper inquiry and no second inquiry. (Para 6 , 7 , 8) |
| 4. alternative remedies available to aggrieved parties. (Para 10 , 11) |
| 5. validity of appointing new inquiry officer. (Para 12 , 13) |
| 6. court's authority to order further inquiry. (Para 14 , 15 , 16 , 20) |
| 7. distinction between further inquiry and new inquiry. (Para 17 , 18 , 19) |
| 8. enquiry results not subject to reversal. (Para 21 , 22) |
JUDGEMENT :
MARLI VANKUNG, J.
1. Heard Mr. K.N. Choudhury, learned senior counsel for the petitioner assisted by Mr. A. Atreya, learned counsel. Also heard Ms. A. Bhuyan, learned counsel for respondent Nos. 2, 3 & 4 appearing on behalf of her senior Mr. N. Das. The state is the proforma respondent No. 1. and is represented by Mr. J.K. Goswami, learned Addl. Senior Government Advocate for
2. The instant writ petition is filed under Article 226 of the Constitution of India, for the issuance of the appropriate writ or direction to the respondents, for setting aside the impugned enquiry report dated 04.05.2024, issued by respondent No. 4 and the decision d
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