IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMESH KUMAR – Appellant
Versus
STATE OF HARYANA AND ORS. – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders passed by departmental authorities whereby he was awarded punishment of stoppage one future annual increment with permanent effect.
2. Learned counsel for the petitioner submits that underpinning of inquiry was a news published in daily newspaper ‘Punjab Kesari’. In the news, it was published that one officer of Vigilance Department was beaten up by villagers of Mandhokhra. The petitioner was not named in the news article, thus, no inference could be drawn against him. Inquiry Officer did not find him guilty. He was found innocent by Inquiry Officer. Disciplinary Authority being different from Inquiry Officer was bound to call comments of the petitioner prior to rejecting inquiry report. The Disciplinary Authority straightway issued show cause notice proposing punishment. It was in gross violation of principles of natural justice. He was finally awarded punishment of forfeiture of one increment with permanent effect. There was no evidence against the petitioner still was subjected to aforesaid punishment. The petitioner was w
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
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.
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