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RAJ MOHAN SINGH
Narain Parshad – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Raj Mohan Singh, J. (Oral)
Vide this common order, CWP No.14912 of 2015 and CWP No.14006 of 2015 are being decided.
2. In CWP No.14912 of 2015, the petitioner has prayed for the issuance of an appropriate writ, order or direction in the nature of certiorari, quashing the entire departmental proceedings along with order dated 16.07.2015 (Anneuxre P-5) communication issued to the petitioner in the context of issuing chargesheet which was never served upon the petitioner. In the second petition i.e. CWP No.14006 of 2015, the petitioner has prayed for the issuance of an appropriate writ, order or direction in the nature of mandamus, directing the respondents to release the gratuity of the petitioner alongwith interest @ 18%. Since both the petitions have arisen out of the similar controversy, therefore, for brevity common facts are being noticed.
3. The petitioner was enrolled as a Constable in the Police Department, Haryana on 15.10.1979 in the District Gurugram. The petitioner had retired as an Inspector on 31.03.2013. During the service tenure of the petitioner from 18.10.1979 till 25.05.2013, it can be noticed that on 18.10.1979, the petitioner was transferred from the Distr
Departmental proceedings can continue post-retirement, and acquittal in a criminal case does not exonerate an employee from departmental charges based on the same facts.
Disciplinary proceedings must adhere to principles of natural justice, ensuring proper inquiry and the summoning of all relevant parties.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
The delay in serving the charge memo, the relevance of the criminal case's outcome on departmental proceedings, and the similarity of charges in the criminal and departmental proceedings are crucial ....
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
Disciplinary proceedings must comply with principles of natural justice, including the examination of witnesses and the presentation of evidence; failure to do so renders the proceedings and any resu....
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 is that an employee is entitled to pension and post-retiral benefits as per the initial order of compulsory retirement, and subsequent amendments denying such benefit....
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