Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Narayan Prasad Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. initial hearing and petition filed (Para 1 , 2) |
| 2. respondent's defense and counterarguments (Para 3) |
| 3. court's analysis on enquiry findings and compliance (Para 4) |
| 4. writ petition disposed in favor of petitioner (Para 5) |
JUDGMENT :
Biraja Prasanna Satapathy, J
1. Heard Mr. A.K. Chhatoi, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate for the State.
2. Petitioner has filed the present Writ Petition inter alia challenging order dated 25.05.2018, so passed by Govt.-O.P. No.1 under Annexure-13. Vide the said order, while disposing the proceeding initiated against the petitioner vide Memorandum dated 25.03.2017, the following punishment was imposed:-
“i. Censure.
ii. Withholding of one annual increment with cumulative effect.
iii. The period of absence from 01.12.2010 to 04.12.2013 be treated as EOL.”
2.1. Learned counsel for the Petitioner contended that petitioner while in service, a proceeding in question was initiated against him on 25.03.2017 vide Annexure-6 inter alia with the following charges:-
“Article of Charges:-
Whereas, Dr. Narayan Prasad Behera, ADMO(M), Khordha has committed such gross irregularities as stated in the sta
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
The court affirmed the principle that judicial review of administrative actions in disciplinary processes is limited to procedural correctness, not evidential review, and mandated reconsideration of ....
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 emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
