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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Jyotirmoy Choudhary S/o Late Chittranjan Choudhury – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings against the petitioner. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. procedural flaws claimed by the petitioner. (Para 8 , 9 , 10 , 17 , 18) |
| 3. court reviewed the adherence to rules. (Para 11 , 12 , 13 , 14 , 16 , 20 , 23) |
| 4. implications of non-supply of inquiry report. (Para 24 , 26 , 30) |
| 5. petitioner directed to file an appeal. (Para 34 , 36 , 37 , 38 , 39 , 40) |
JUDGMENT :
SOUMITRA SAIKIA, J.
1. Heard Mr. R.P. Sarmah, learned Senior Counsel for the petitioner. Also heard Mr. K. Konwar, learned Addl. Advocate General for the respondent P&RD.
2. The petitioner before this Court by way of the present proceedings prays for setting aside the disciplinary proceedings, the order passed by the disciplinary authority dated 11.04.2013 and the consequential order of removal from service dated 26.04.2013.
3. The essential facts in the present lis are that the petitioner, at the relevant point in time was serving as an Extension Officer (Panchayat) as well as In-charge Block Development Officer of Katigorah Development Block under the Director of Panchayat and Rural Development, Panjabari, Guwahati. For alleged misappropriation of Rs.10,41,190/- (Rupees Ten Lakh Forty
An employee cannot successfully challenge disciplinary action due to non-supply of inquiry report unless they demonstrate actual prejudice, particularly when alternative remedies are available.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
Non-supply of inquiry report violates natural justice but is cured by subsequent supply with penalty order if no prejudice shown; criminal acquittal on technical grounds does not bind disciplinary pr....
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
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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