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PANKAJ JAIN
Vijay Kumar – Appellant
Versus
Pepsu Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. background of dismissal and inquiry details. (Para 1 , 2) |
| 2. arguments related to procedural flaws and authority rights. (Para 4 , 5) |
| 3. principles of natural justice in disciplinary proceedings. (Para 7 , 8 , 9 , 10 , 11 , 12 , 14) |
| 4. final resolution and reinstatement order. (Para 16 , 17) |
JUDGMENT
Pankaj Jain, J. (Oral)
Petitioner has impugned order dated 25.10.2013 (Annexure P-9) passed by respondent No.3 saddling him with the extreme punishment of dismissal from service and order dated 26.11.2019 (Annexure P-12) passed by the Appellate Authority affirming the order of punishment.
2. Petitioner who was serving respondent-Corporation as Conductor was charge-sheeted vide memo No.766/Estt. dated 13.05.1999 for a charge involving suspected fraud of Rs.132/- and for causing indiscipline by violating the rules of the corporation. The petitioner responded to the charge-sheet denying the charges. Regular inquiry was ordered. Inquiry Officer vide its report dated 30.08.2001 exonerated the petitioner of the first charge of suspected fraud. However, petitioner was indicted for the charge involving indiscipline. Disciplinary authority dissented with the inquiry report and issu
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
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 disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
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 ....
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