Back
SANJAY DWIVEDI
Vijay Singh Yadav – Appellant
Versus
Bhopal Development Authority – Respondent
ORDER :
Sanjay Dwivedi, J.
This petition is under Article 226 of the Constitution of India and validity of the orders dated 07.05.2018 (Annexure P/10) and 05.03.2019 (Annexure P/13) has been assailed by the petitioner saying that the said orders are apparently illegal and deserve to be set aside. The petitioner has also claimed that after setting aside the impugned orders direction be issued to the respondents to reinstate him in service on the post of Revenue Officer with all consequential benefits of salary and arrears.
2. To resolve the controversy, as has been raised by the parties by advancing their submission and also on the basis of record available, it is appropriate to mention necessary facts of the case, which in nutshell are as follows:-
3. The petitioner was working on the post of Assistant Grade I and was officiating as an Incharge Revenue Officer with the respondent-department i.e. Bhopal Development Authority (For short ‘BDA’). As per the definition given under Article 12 of the Constitution India, the Bhopal Development Authority comes within the definition of ‘State’. The service conditions of the petitioner are governed with the statutory rules i.e. known as Madhya Pr
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
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 ....
The charge of corruption requires to be proved beyond any shadow of doubt and to the hilt, and it cannot be proved on mere probabilities. The Authorities in a matter of disciplinary proceeding must c....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
