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RAKESH THAPLIYAL, PANKAJ PUROHIT
Dhananjay Chaturvedi – Appellant
Versus
High Court of Uttarakhand – Respondent
JUDGMENT :
By means of this writ petition, petitioner has sought the indulgence of this Court for quashing the suspension order dated 24.07.2023 passed by the respondent, by which the petitioner was placed under suspension as well as the Charge-sheet No.4399/11-I/UHC/VIG./2023-24 dated 10.08.2023, along with entire disciplinary proceedings initiated and pending against the petitioner pursuant to an anonymous and undated complaint not supported by a duly sworn affidavit of the complainant.
2. The facts shorn of unnecessary details are that the petitioner was posted during the relevant period as District and Sessions Judge, Chamoli, an undated, anonymous complaint, not supported by any affidavit allegedly made by the District Bar Association, Gopeshwar at Chamoli was received by the High Court through registered post on 22.05.2023. The said complaint was sent to the Registrar (Vigilance), a Sitting Judge of the High Court (by name) and subsequently, to the Hon’ble the Chief Justice of Uttarakhand (by name). The Hon’ble Judge of the High Court marked the said complaint to the Regist
The main legal point established in the judgment is that the disciplinary proceedings initiated based on an anonymous complaint must comply with the prescribed procedure under the relevant rules and ....
Point of Law : Service Law - Punishment of Compulsory Retirement - Illegal gratification - An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in ....
Disciplinary proceedings cannot be initiated solely on anonymous complaints without verification; proper procedures must be followed to ensure accountability.
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
The principle of natural justice does not apply to the issuance of an order of suspension as it is an ad-interim measure during the pendency of the departmental proceeding.
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