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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Mahesh Chandra, son of Late Shri Prem Shankar Shrotriya – Appellant
Versus
Chancellor of Birla Institute of Technology, Mesra – Respondent
ORDER :
SRI ANANDA SEN, J.
1. Petitioner, in this writ petition, has prayed for the following relief:-
(i) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of certiorari for quashing of the Inquiry Report of the Internal Complaints Committee, dated 24.07.2019 (Annexure-1) since the said Inquiry was conducted in violation of the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and in breach of the principles of natural justice;
(ii) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of mandamus for quashing of the Order having Reference No. GO/Estb/Susp/ 19-20/3189 dated 06.08.2019, issued by Registrar of Respondent No. 2 (Annexure-2) vide which the petitioner had been placed under suspension and further declare it as non-est in the eyes of law;
(iii) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of certiorari for quashing of the impugned Order No.GO/Estb/Susp/19-20/3298 dated 13.08.2019, issued by Registrar of Respondent No. 2 (Annexure 3) instituting disciplinary proceedings against the petitioner vide which the
The main legal point established in the judgment is that non-observance of the principle of natural justice, procedural irregularities, and findings based on irrelevant material can vitiate departmen....
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
The court established that in departmental inquiries, adherence to principles of natural justice is paramount, and failure to provide a fair opportunity to defend oneself can render the inquiry and s....
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