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S. N. PATHAK
Ladu Kishore Dash, son of Late Laxmi Dhar Dash – Appellant
Versus
Union of India, Service through Private Secretary of Minister of State for Railways (D), Rail Bhawan, New Delhi – Respondent
JUDGMENT :
S. N. Pathak, J.
Heard the parties.
PRAYER
2. The petitioner has prayed for quashing the impugned order of removal from service dated 25.11.2020 as well the impugned order dated 20.01.2022, passed by the Appellate Authority and the impugned order dated 11.05.2023, passed by the Revisional Authority. Petitioner has further prayed for a direction upon the respondents to release salary, dues, increments and payments right from the period of suspension dated 13.01.2020 between the period of removal from service dated 25.11.2020 till reinstatement in service.
FACTS OF THE CASE
3. According to the petitioner, he was holding the post of Inspector, Railway Protection Force. While posted as Inspector, Railway Protection Force, South Eastern Railway, Jharsugda, Chakradharpur Division, South Eastern Railway, the petitioner was put under suspension by an order dated 13.01.2020, issued by the respondent no. 6 and was attached to Divisional Security Control, Chakradharpur. The Disciplinary Authority (Respondent No. 7) had associated himself in conducting fact finding enquiry against the petitioner prior to issuance of Memorandum of Charge in examining the Prosecution Witness nos. 4, 7, 9, 1
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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.
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....
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