Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Manindra Mohan Shrivastava, CJ, Mr. Munnuri Laxman, J
Brij Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
[Munnuri Laxman, J.] :
1) The present Special Appeal challenges the order dated 05.12.2023 passed by the learned Single Judge in S.B.Civil Writ Petition No. 3606/2017, whereunder the orders passed by the Disciplinary Authority as modified by the Appellate Authority was, confirmed.
2) The Disciplinary Authority has imposed punishment of withholding two annual grade increments with cumulative effect and also made forfeiture of service from 29.09.2004 to 04.12.2009 vide order dated 07.06.2011 for proved charge of being continuous absent from duties without prior intimation and permission. The appellant challenged the said order before the Appellate Authority and the Appellate Authority by order dated 06.07.2015 allowed the appeal in part by setting aside the imposition of penalty of withholding two annual grade increments with cumulative effect, however, confirmed the forfeiture of service as ordered by the Disciplinary Authority. Aggrieved by the same, the appellant filed a writ petition before the learned Single Judge of this Court. The learned Single Judge, while concurring with the findings of the Appellate Authority, has disinclined to interfere with the impugned order an
Procedural fairness is essential in disciplinary proceedings; failure to provide an enquiry report and opportunity to respond violates an employee's rights.
Disciplinary authorities must adhere to procedural fairness, including providing defense opportunities, failure of which can breach principles of natural justice, but penalties imposed for gross indi....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
Point of law: doctrine of laches in courts of equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy either because the party has, by his conduct done....
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
