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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Gopal Krishan – Appellant
Versus
UT of J&K and others – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings initiated on unauthorized construction complaints (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. enquiry vitiated by bias and no cross-examination (Para 7 , 15) |
| 3. fair enquiry based on records and witnesses (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court hears arguments on procedural validity (Para 14 , 16 , 17) |
| 5. eo must act independently, not as prosecutor (Para 18 , 19 , 20 , 21 , 22) |
| 6. bias shown by da collecting evidence unilaterally (Para 23 , 24 , 25) |
| 7. natural justice requires cross-examination opportunity (Para 26 , 27 , 28) |
| 8. quash order post-superannuation, grant benefits (Para 29 , 30 , 31) |
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner, through the medium of present petition, has challenged order No.JMC/PS/COM/279 dated 20.05.2020 passed by respondent No. 2, whereby he has been dismissed from service. Challenge has also been thrown to the Departmental Enquiry proceedings that have been conducted by respondent No. 2 holding him guilty of the charge of misconduct.
2. As per case of the petitioner, he was appointed as Sanitary Inspector in Jammu Municipal Corporation (JMC) in the year 1991 and was promoted as Enforcement Inspector in the year 2016. Accordi
Disciplinary inquiry vitiated if Disciplinary Authority acts as Enquiry Officer and prosecutor, records adverse witness statements without cross-examination, relies on unfurnished reports, creating r....
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
The non-appointment of a presenting officer in a departmental enquiry vitiates the enquiry and violates the principle of natural justice.
The main legal point established in the judgment is the requirement for an independent and impartial Enquiry Officer, the observance of natural justice, and the appointment of a Presenting Officer in....
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