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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Mohan Lal Thakur – Appellant
Versus
Himachal Pradesh State Civil Supplies Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. procedural history of disciplinary action and remands (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. limited scope of judicial review in repeated appeals (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 3. no prejudice cures inquiry report non-supply defect (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. technical acquittal does not bind disciplinary findings (Para 25 , 26 , 27) |
| 5. no interference with appellate authority order (Para 28) |
JUDGMENT :
SATYEN VAIDYA, J.
1. Aggrieved against impugned order/resolution dated 22.06.2013, Annexure P-14 issued by respondent No.2, petitioner has filed the instant petition for following substantive reliefs:
(i) That this Hon’ble Court may kindly be pleased to issue a Writ of Certiorari quashing the impugned order/a copy of resolution dated 22nd June, 2013, Annexure P-14.
(ii) That this Hon’ble Court may kindly be pleased to direct the respondents to produce before this Hon’ble Court the entire record of the case.”
2. The order impugned herein has been passed by the Board of Directors of Himachal Pradesh State Civil Supplies Corporation Ltd., whereby the services appeal of petitioner has been rejected.
3. The petitioner was posted as Incharge of R
Non-supply of inquiry report violates natural justice but is cured by subsequent supply with penalty order if no prejudice shown; criminal acquittal on technical grounds does not bind disciplinary pr....
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
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 dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
Disciplinary authority must supply enquiry report to employee before forming punishment opinion; failure breaches natural justice without needing prejudice proof; proceedings remanded for compliance.
The court established that non-supply of the inquiry report before disciplinary action violates natural justice, necessitating reconsideration of the punishment imposed.
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
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