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SANJEEV PRAKASH SHARMA
Rameshwar Dass – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sanjeev Prakash Sharma, J.
The petitioner by way of this writ petition prays for quashing of the punishment order of dismissal dated 01.07.1993; enquiry report dated 07.08.1992; and the order dated 23.02.1994 passed in the appeal whereby his appeal was rejected. He further prays to reinstate him in service with all consequential benefits, continuity of service including arrears of salary, seniority etc.
Brief facts:
2. Learned counsel for the petitioner states that the petitioner served in the Indian Army from 30.11.1962 till 26.05.1970, whereafter he was selected and appointed in the Department of Food and Civil Supplies on 14.05.1974. In the ordinary course, he had attained superannuation in the year 2003.
3. During his service, he was sent on deputation to the Punjab State Civil Supplies Corporation (hereinafter referred to as 'PUNSUP') on 14.09.1979. While on deputation, he was deployed as Inspector Incharge for the Lehragaga Centre in Sangrur District. He remained on deputation upto 26.11.1984, whereafter he was repatriated to his parent department. After having been repatriated to his parent department, he was suspended vide order dated 09.09.1986 and was charge-she
The dismissal of the petitioner was quashed due to a flawed inquiry process that violated principles of natural justice, resulting in shockingly disproportionate punishment.
Disciplinary inquiry vitiated if Disciplinary Authority acts as Enquiry Officer and prosecutor, records adverse witness statements without cross-examination, relies on unfurnished reports, creating r....
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
The main legal point established in the judgment is the requirement for a formal inquiry in matters involving the imposition of a major penalty, with the burden of proof on the Establishment to produ....
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The inquiry proceedings must adhere to the principles of natural justice, including the requirement to lead oral evidence and conduct a fair inquiry.
In disciplinary proceedings involving major penalties, the burden of proof lies with the establishment to substantiate charges through a fair inquiry process that includes the presentation of evidenc....
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