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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Lnk 221 Khirud Bhuyan 1st A.P. Battalion, Ligiripukhuri, Nazira, S/O Late Nilamoni Bhuyan – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Govt. Of Assam, Home Department – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. P.K. Gogoi, learned counsel appearing for the petitioner and also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate Assam, appearing for the all respondents.
2. At the outset, Ms. M. Bhattacharjee, had prayed for time to file an affidavit-in-opposition to the writ petition and stated that the records of the disciplinary proceedings are available.
3. The matter was kept as part heard on 09.02.2026 and upon production of the records by Ms. M. Bhattacharjee, this Court had taken up the matter for consideration to examine whether the records revealed any infirmity in the process during the disciplinary proceedings.
4. The facts of the case as arising from the records made available to this Court and as reflected in the writ petition, are to the effect that the petitioner was served with a show cause notice dated 26.03.2025 which contained a statement of allegations, a list of documents, and a list of witnesses. The petitioner was asked to file his written statement which he accordingly did on the 28th of May, 2025. Not being satisfied with the reply filed by the petitioner, the disciplinary authority had appointed an enquiry o
The court holds that procedural adherence in disciplinary proceedings is essential, and mere allegations of procedural violations without prejudice do not warrant judicial intervention.
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.
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
In disciplinary proceedings, the Disciplinary Authority is not bound by exoneration by the Inquiry Authority, and adherence to principles of natural justice is crucial; delay alone does not invalidat....
Procedural fairness in disciplinary proceedings requires an unbiased show cause notice and impartial inquiry, failing which the dismissal may be rendered invalid.
The Court emphasized that it does not act as an appellate authority to re-appreciate the evidence and that the disciplinary authority is the sole judge of facts. The Court also highlighted that the s....
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