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OM PRAKASH SHUKLA
Mohd. Asgar Ali – Appellant
Versus
Union Of India Through Home Secy. – Respondent
JUDGMENT :
Hon'ble Om Prakash Shukla, J.
(1) Heard Mr. Shivam Sharma, learned Counsel representing the petitioner and Mr. Deepanshu Dass, learned Counsel representing the Union of India/respondents.
(2) The present writ petition came to be filed by the petitioner in the year 1998 i.e. about 26 years ago, impugning order dated 3/4.12.1996 (Annexure No.1), 01.08.1997 (Annexure No.2) and 24.06.1998 (Annexure No. 3) and thereby seeking his reinstatement in service with all consequential benefits.
(3) Briefly stating, the petitioner was appointed on the post of Constable in CISF on 12.04.1987 and after training, he was posted at CISF KCC Khetri, Rajasthan and subsequently he was transferred to PGUTPP, Uchahar Unit of CISF in the year 1991 and thereafter to Rae Bareli unit of CISF on 10.08.1994. It has been claimed that the petitioner was thereafter sent in election duty in the month of April, 1996, wherein a memorandum dated 09.06.1996 came to be issued to him. The said memorandum inter-alia alleged that on 07.06.1996 between 21.00 Hours to 5.00 Hours, the petitioner’s duty was assigned at Quarter Guard and apparently, in the midnight, the Company Hawaldar Major checked the Quarter Guard as
The court established that the authority to appoint an inquiry officer in disciplinary proceedings lies with the disciplinary authority as defined in the CISF Rules, and that mere allegations of bias....
The main legal point established in the judgment is the requirement for an independent and impartial Enquiry Officer, the observance of natural justice, and the appointment of a Presenting Officer in....
The absence of Presenting Officers in disciplinary proceedings violates natural justice, necessitating the setting aside of dismissal orders and reinstatement of affected personnel.
Disciplinary proceedings must follow the principles of natural justice, including the right to evidence, but non-supply of evidence does not invalidate proceedings if the accused received a fair chan....
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
The non-appointment of a presenting officer in a departmental enquiry vitiates the enquiry and violates the principle of natural justice.
Disciplinary proceedings must adhere to the principles of natural justice, including supplying relevant documents, but if no prejudice is established, the proceedings may still be upheld.
Disciplinary proceedings must adhere to principles of natural justice, including providing access to relevant evidence. Failure to follow these may invalidate the proceedings.
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