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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Md. Mizanul Hoque, S/O- Abdur Rahman – Appellant
Versus
State Of Assam To Be Represented By The Commissioner-Secretary, Home Department – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr B Chakravarty, learned counsel appearing for the petitioner. Also heard Miss M Bhattacharjee learned Additional Senior Government Advocate, Assam appearing on behalf of the respondents, who has also produced the records of the disciplinary proceedings held against the petitioner.
2. The submissions of the learned counsel have been considered and the records produced have been perused.
3. The writ petition has been filed challenging an order dated 26.12.2023 passed by the Superintendent of Police, Morigaon and the appellate order dated 17.04.2024, passed by the Inspector General of Police (CR) by which the order of the disciplinary authority has upheld the penalty imposed upon the petitioner. The petitioner has also assailed the charge memo, the enquiry proceedings and the enquiry report which was served upon the petitioner by the respondent authorities.
4. The petitioner was arrested in connection with ACB Police Station Case No. 60 of 2023 under Section 120B of the IPC read with Section 7 of the Prevention of Corruption Act, 1988, on 11.8.2023 along with two other persons working in the same department. He was, thereafter, placed under suspension
Procedural fairness in disciplinary proceedings requires an unbiased show cause notice and impartial inquiry, failing which the dismissal may be rendered invalid.
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.
Necessity of framing definite charges in Departmental Proceedings and distinctness of allegations in different Show Cause Notices
The court holds that procedural adherence in disciplinary proceedings is essential, and mere allegations of procedural violations without prejudice do not warrant judicial intervention.
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
Service - Imposition of penalty - Reduction of rank - Punishment imposed by disciplinary authority does not include “Reduction in rank” and as such the question of serving a Show Cause Notice in term....
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