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SUJOY PAUL, ANIL VERMA
Jagdish Chouhan (Baret) – Appellant
Versus
State of M. P. – Respondent
ORDER
Paul J. -- 1. This intra Court appeal filed under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 takes exception to the order of learned Single Judge dated 11.2.2020 passed in WP No.12730/2019 whereby the challenge to the disciplinary proceedings, punishment order and appellate order was turned down.
2. Draped in brevity, the relevant facts necessary for adjudication of this matter are that the appellant, an Assistant Sub-Inspector was served with a show cause notice dated 28.4.2015 (Annexure P/2). In turn, he filed his reply denied the charges and gave his factual explanation on 4.5.2015 (Annexure P/3). Thereafter, indisputably without conducting any departmental inquiry, the disciplinary authority/Superintendent of Police (SP), Neemuch imposed a punishment of stoppage of one annual increment without cumulative effect which will have no adverse impact on future increments/pension. Aggrieved, appellant preferred an appeal which was rejected by order dated 1.4.2016. Assailing the disciplinary proceedings, punishment and appellate orders, the appellant filed aforesaid writ petition. Contending inter alia i) the show cause notice
Disciplinary action must adhere to principles of natural justice; vague charges necessitate a proper inquiry, and appellate decisions require thorough reasoning.
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....
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 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....
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
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