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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Ukhundoi Brahma, S/O- Sri Gopinath Brahma – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Govt. Of Assam, Deptt. Of Home – Respondent
| Table of Content |
|---|
| 1. incident summary and subsequent arrest (Para 2 , 3 , 4) |
| 2. disciplinary notice and proceedings initiation (Para 5 , 6) |
| 3. concerns over show cause notice procedure (Para 12 , 13 , 14 , 15) |
| 4. requirement for specific charges in disciplinary action (Para 19 , 22 , 23) |
| 5. requirements for a fair disciplinary process (Para 31 , 32 , 38) |
| 6. order of reinstatement and conditions following unlawful termination (Para 43 , 46 , 49) |
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. A Roshid, learned counsel appearing for the petitioner and also heard Miss S Barua, learned Junior Government Advocate, who has also produced the records of the disciplinary proceeding against the petitioner.
2. The story as unfolded in the pleading of the contesting parties is that while working as an Unarmed Branch Constable (UBC) under the Superintendent of Police, Kokrajhar, the petitioner and other personnel were detailed for duty to escort a few under trial prisoners to the Court of the learned Judge, NIA Court, Guwahati. On the return journey, 2 (two) of the undertrial prisoners managed to escape from the police van and in the attempt to stop them, one of the UTPs sustained bullet injuries and later expir
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
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.
Procedural fairness in disciplinary proceedings requires an unbiased show cause notice and impartial inquiry, failing which the dismissal may be rendered invalid.
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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