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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Bhaskar Jyoti Nath S/o Ananda Nath – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Sr. counsel assisted by Mr. P.K. Medhi, learned counsel for the respondents.
2. The petitioner by way of instituting the present writ petition has presented a challenge to an order dated 16-10-2014, issued by the Disciplinary Authority, imposing upon the petitioner a penalty of withholding of 03 (three) annual increments with cumulative effect, on conclusion of a Departmental Proceeding instituted against the petitioner.
3. The petitioner while working as a Sub-Inspector, Basistha Police Station, was placed under suspension pending drawl of the Departmental Proceeding against him. Thereafter, the Superintendent of Police, Kokrajhar, as Disciplinary Authority, proceeded to issue a show-cause notice dated 01-07-2013, to the petitioner, instituting a Departmental Proceeding against him. The allegations levelled against the petitioner in the show-cause notice was to the effect that he was found to have been remained unauthorisedly absent, w.e.f. 27-01-2013 till 06-02-2013. It was further alleged that the petitioner was detailed to undergo Advance Cours
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Disciplinary proceedings must adhere to principles of natural justice, including communication of inquiry reports and provision for cross-examination, to ensure fairness and validity.
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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