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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
GURMEET SINGH SANDHAWALIA, CJ, RANJAN SHARMA
Meenakshi Thakur – Appellant
Versus
Honourable High Court of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
1. Petitioner [Meenakshi Thakur], Superintendent Grade-II, in the office of Principal Judge, Family Court, Mandi, has come up before this Court, seeking the following relief(s) :-
“A. That this Hon’ble Court may be pleased to issue a writ of certiorari quashing impugned order/letter dated 20.12.2023 issued by the Disciplinary Authority remitting the matter to another Inquiry Officer for furtherinquiry and report.
B. That this Hon’ble Court in the peculiar facts and circumstances of the case may further be pleased to issue certiorari quashing the memorandum dated 21.10.2022 (Annexure P-14) whereby Article of Charges were framed against the petitioner.
C. That this Hon’ble Court may further be pleased to issue writ of mandamus promoting the petitioner to the post of Chief Administrative Officer from the date due i.e. when her DPC was kept in sealed cover with all consequential benefits.”
FACTUAL MATRIX:
2. Case of petitioner as set up by Learned Senior Counsel, is that the petitioner joined service as a Clerk-cum-Copyist on 20.02.1991. She was promoted as a Junior Assistant in 1998 and then as Senior Assistant in the year 2007. Petitioner was further promoted a
The Disciplinary Authority must record reasons for remitting an inquiry report; failure to do so violates procedural fairness and the principles of natural justice.
Mandatory adherence to procedural rules in disciplinary hearings ensures fairness and due process for the charged official.
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 ....
The Disciplinary Authority cannot order denovo inquiry under Rule 14 and 15 of CCS (CCA) Rules, 1965, unless there has been no proper inquiry due to serious defects or unavailability of important wit....
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
Disciplinary proceedings must adhere to principles of natural justice, requiring clear and reasoned outcomes, though procedural flaws must show substantial prejudice to negate authority findings.
Grant of reinstatement - Court will not ordinarily interfere in the punishment imposed in the disciplinary proceedings to substitute its own conclusion on penalty except where the punishment imposed ....
Mandatory violation of Rule 15(2) CCS (CCA) Rules by not serving Disciplinary Authority's tentative disagreement note with favourable inquiry report vitiates proceedings without needing prejudice tes....
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