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JAISHREE THAKUR
Suresh Chand – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Jaishree Thakur, J. - The instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing impugned order dated 21.1.2020 as passed by respondent No.3 ordering for de novo inquiry for the third time in the complaint in which the petitioner has already been awarded the punishment and quashing of the charge sheet dated 18.2.2020 as also quashing the notice dated 16.5.2020 whereby the petitioner has been asked to join the inquiry.
2. In brief the facts are that the petitioner joined the respondent department on 2.12.1988 as Constable and stood promoted to the post of Inspector as on 29.3.2018. One FIR No. 103 dated 11.2.2017 under Sections 420/467/468/471/120-B IPC, Sections 25/54/59 of the Arms Act and Sections 7/8 and 13 of the Prevention of Corruption Act was registered at Police Station Civil Lines, Gurugram, against the accused-Mohan Lal and Manish Bhardwaj. An SIT was constituted and the investigation was launched under the supervision of Anil Kumar, HPS, Assistant Commissioner of Police, Sadar Gurugram. In fact, the said FIR was registered on the basis of a secret information in whic
The main legal point established in the judgment is that a de novo inquiry could not have been ordered in the absence of statutory rule for ordering a fresh inquiry against a public servant who has b....
The main legal point established in the judgment is that the reviewing authority does not have the right to order a De-novo departmental enquiry as per Rule 16.28 of 1934 Rules and established legal ....
A second enquiry on the same charges is impermissible under service jurisprudence, and failure to provide an opportunity for representation violates natural justice principles.
The disciplinary authority's power to order a de novo inquiry and frame additional charges must be in accordance with Rule 15(1) of the Chhattisgarh Civil Services (Classification, Control & Appeal) ....
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
Judicial review of disciplinary proceedings focuses on the fairness of the process rather than the correctness of the outcome, ensuring compliance with natural justice.
The main legal point established in the judgment is the mandatory nature of the procedure for conducting an enquiry and the importance of following the principles of natural justice in disciplinary p....
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