Back
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
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 expired.
3. Regarding the aforesaid incident, Kokrajhar PS Case No. 403 of 2016, under Sections 120(B)/128 of the IPC was registered. The petitioner was arrested on the basis of the FIR on 14.07.2016 and he was released on bail on 20.08.2016
4. Upon trial, by the order dated 21.01.2023 passed in Sessions Case No. (T) 2/02/2019, the petitioner along with other persons accused were acquitted of the charges levelled and set at liberty.
5. In the me
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 ....
The court holds that procedural adherence in disciplinary proceedings is essential, and mere allegations of procedural violations without prejudice do not warrant judicial intervention.
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
