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RAJESH SHANKAR
Nawal Kishore Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for following reliefs:-
(ii) For quashing inquiry report dated 22.04.2015 (Anneuxre-5 to the writ petition) submitted by the Deputy Superintendent of Police (HQ)-1, Giridih (the respondent no. 6).
(iii) For quashing the order as contained in memo no. 2571 dated 03.05.2015 (Annexure-7 to the writ petition) issued by the Superintendent of Police, Giridih (respondent no.5) whereby two annual increments of the petitioner were forfeited (equivalent to three black marks) stating that the same would not affect the future increment.
(iv) For quashing the order as contained in memo No. 1193 dated 09.07.2015 (Anneuxre-8 to the writ petition) issued by the respondent no.4 -the Deputy Inspector General of Police, North Chhotanagpur Region, Hazaribag, i.e., the appellate authority, whereby the order of the disciplinary authority has been upheld.
(v) For quashing the order as contained in memo No. 2121 dated 14.08.2015 (Annexure-9 to the writ petition) issued by the Inspector General of Police, North Chhotanagpur Region, Bokaro (the respondent no. 3) whereby memorial appeal has also been dismisse
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 ....
Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
Point of law: High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant. It is concerned to determine whether the enquiry is hel....
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