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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE AMIT RAWAL, JUSTICE K. V. JAYAKUMAR, JJ
Union Of India – Appellant
Versus
Usha M.R. W/o. Mohammed Shafi – Respondent
JUDGMENT :
K. V. JAYAKUMAR, J.
This writ appeal is preferred by Union of India-respondent before writ court against the judgment of the learned Single Judge in W.P(C).No.11070/2015 whereby the learned Single Judge has quashed Exts.P12, P14 and P15 orders passed by the respondents. Impugning the said order, Union of India and its officers preferred this writ appeal.
2. The facts in a narrow compass are as follows:
The respondent-writ petitioner, Usha M.R., was a Woman Constable in CISF, dismissed from service after a disciplinary enquiry. She was aggrieved by Exts.P12, P14 and P15 orders passed by the Union of India and its officers. The respondent/petitioner was working in the Fertilizers and Chemicals Travancore Ltd., Udyogamandal since September 2011. Immediately, she had submitted a complaint against an officer regarding the harassment from him. The complaint was rejected as per Ext.P1 order dated 05.10.2012.
3. It is stated in the complaint that, on 16.10.2012, she made a request to arrange a vehicle to visit hospital due to back pain, her request was turned down by the department. Therefore, she went to the St.Joseph’s Hospital, Manjummal along with her husband and was admitted the
Disciplinary proceedings must adhere to principles of natural justice, ensuring the accused has the opportunity to present a defense, including access to relevant documents and witnesses.
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 ....
Disciplinary proceedings must follow the principles of natural justice, including the right to evidence, but non-supply of evidence does not invalidate proceedings if the accused received a fair chan....
Disciplinary proceedings must adhere to principles of natural justice, including providing access to relevant evidence. Failure to follow these may invalidate the proceedings.
Disciplinary proceedings must adhere to the principles of natural justice, including supplying relevant documents, but if no prejudice is established, the proceedings may still be upheld.
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
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