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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Diganta Kumar Bhuyan, S/o- Lt. Dambarudhar Bhuyan – Appellant
Versus
State Of Assam – Respondent
ORDER :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. M. Nath, learned Senior Counsel, assisted by Mr. Mousam Nath, learned counsel, appearing for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, appearing for the Public Works Department.
2. The petitioner by way of instituting the present writ petition, has presented a challenge to the order dated 17-10-2022, issued by the Chief Engineer, PWD (Road) Assam, imposing upon the petitioner the penalty of stoppage of 01 (one) annual increment without cumulative effect and further holding that the period of suspension of the petitioner be treated as non-duty for all purposes.
3. The facts in brief requisite for adjudication of the issues arising in the present writ petition are noticed, as under.
The petitioner, herein, was issued with a show cause notice dated 13-01-2016, inter alia, alleging, therein, that the petitioner while serving as a Section Assistant under Golaghat Rural Road Division, was found to be very irregular in attendance of his duties. It was further alleged that the petitioner was found to be functioning as an active journalist of Golaghat Press Club for last several years. It was further alleged that the petitioner
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
Disciplinary inquiries must provide reasoned findings; failure to do so renders the inquiry invalid and the resulting penalties unsustainable.
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
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