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S. M. SUBRAMANIAM
M. Mohamed Iqbal – Appellant
Versus
Deputy Commissioner of Police (L&O) Madurai City, Madurai – Respondent
JUDGMENT
(Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, Calling for the records of the respondents in connection with the impugned orders passed by the 1st respondent in PR No.72/1998 dated 9.7.1998 and by the 2nd respondent in C.No.D1(4)/Appeal No.12/1998 dated 26.10.1998 and by the 3rd respondent in C.No.AP3(1)/264609/98 dated 3.3.1999 and C.No.24223/AP II(3)2001 dated 2.3.2001, RC No.249937/AP2(3)/08 dated 9.4.2010 and by the 4th respondent in GO (2D) No.346 Home (Pol IV) Department dated 25.7.2013 and quash the same.)
The order of postponement of one increment for one year without cumulative effect, which was confirmed by the Appellate Authority is under challenge in the present writ petition.
2. The writ petitioner states that he was directly recruited as Sub-Inspector of Police in the year 1976 and promoted to the post of Inspector of Police in the year 1988. He was further promoted as Deputy Superintendent of Police in the year 2003 and to the post of Additional Superintendent of Police during the eve of his retirement. The petitioner was allowed to retire from service on attaining the age of superannuation on 30.04.
The judgment emphasizes the importance of adhering to the procedures and principles of natural justice as per the relevant disciplinary rules, and highlights that the breach of such provisions does n....
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 court clarified that for minor charges under Rule 3(a), the procedure does not mandate communication of the enquiry report to the charged official, emphasizing the summary nature of the proceedin....
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
Point of law: no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
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