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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Fazale Rashid S/o Shri Mohammed Sagir – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. inquiry initiated against society manager under relevant provisions. (Para 1 , 2 , 6) |
| 2. defense raised on grounds of natural justice violation and use of forged document. (Para 7 , 8 , 10) |
| 3. court emphasizes the right to a copy of inquiry report, ensuring justice. (Para 12 , 14 , 16) |
| 4. directives issued for compliance with fair inquiry procedures. (Para 18 , 20) |
ORDER :
1. The present writ petition has been filed with the following prayers:
b) Any other order or direction, which the Hon’ble Court may deem just and proper be passed in favour of the petitioner;
2. The facts are that the petitioner, who is working as Vyavasthapak (Manager) with respondent No.5-Society, was subjected to inquiry in terms of Section 55 of Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as the ‘Act of 2001’). The inquiry officer submitted his report dated 09.12.2024 to the competent authority. The inquiry officer recommended for an inquiry to be held in terms of Section 57 of the Act of 2001.
4. The inquiry officer, after concluding the inquiry, submitted his inquiry report to the competent authority who in terms of Section 57 (2) read with Rule 75 (2) of the Rajasthan Coo
The court established that fairness in disciplinary proceedings mandates serving an unfavorable inquiry report to the concerned individual, to uphold principles of natural justice.
The court ruled that preliminary enquiries under the Rajasthan Co-operative Societies Act are administrative and do not constitute final decisions, allowing for interim orders to be vacated.
Failure to provide an inquiry report to a delinquent officer violates principles of natural justice, making disciplinary action invalid.
The non-supply of the enquiry report and lack of opportunity to respond to it constitutes a violation of natural justice, rendering the punishment order unsustainable.
The disciplinary authority must provide the enquiry report and communicate any points of disagreement to the employee to uphold principles of natural justice.
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