Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Harihar Barman, S/o. LT. Narendra Nath Barman – Appellant
Versus
Union Of India, Rep. By The Secretary To The Ministry Of Human Resource Development – Respondent
| Table of Content |
|---|
| 1. procedural history and factual foundation of the disciplinary action. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. contention regarding necessity of regular inquiry and posh act applicability. (Para 11 , 12 , 13) |
| 3. inapplicability of the posh act regarding minor students. (Para 14 , 15 , 16) |
| 4. duty of candor and consequences of suppressing material facts in writ proceedings. (Para 17 , 18 , 19) |
| 5. interpretation of article 81(b) for disciplinary dismissal without regular inquiry. (Para 20 , 21) |
| 6. standard of judicial review in disciplinary matters under articles 226/227. (Para 22 , 23 , 24) |
| 7. final judicial ruling dismissing the writ petition. (Para 25) |
Judgment :
M. Zothankhuma, J.
1. Heard Mr. A.K. Purkayastha, learned counsel for the petitioner and Mr. S. C. Biswas, learned counsel appearing for the respondents.
2. By filing this writ petition, the petitioner has prayed for setting aside the impugned Preliminary Inquiry Report and Summary Inquiry Report and the consequential termination of his service, vide impugned termination order dated 11-07-2014 and the order dated 08-09-2014 rejecting his appeal by the Respondent No. 3.
3. The gist of the case in brief is t
Summary domestic inquiry under special notification valid for teacher sexual misconduct cases protecting girl students; natural justice met via document perusal and cross-examination opportunity; bia....
Disciplinary termination based on invalid Internal Committee lacking NGO member under POSH Act, 2013, plus criminal acquittal on identical facts, vitiates proceedings; quashing with continuity of ser....
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.
Altering service book entries with correction fluid to misrepresent service continuity for higher pay constitutes misconduct involving moral turpitude in educational institutions, warranting proporti....
The Court emphasized the importance of not interfering with departmental proceedings at a premature stage and affirmed the authority to impose penalties post superannuation.
Point of Law : Termination of service - Misconduct - Proved - Argument regarding failure to give opportunity to the petitioner to examine witnesses, again, the stage of examination of witnesses by th....
Disciplinary proceedings must adhere to established procedures to ensure fairness, especially in serious allegations of moral turpitude.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
