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LAXMI NARAYANA ALISHETTY
C. Ramesh – Appellant
Versus
Government of Telangana – Respondent
ORDER :
(Laxmi Narayana Alishetty, J.)
1. The present writ petition has been filed seeking the following prayer:
2. The brief facts leading to filing of the present writ petition are as under:
(i) The applicant was originally appointed as Assistant Motor Vehicle Inspector in the year 1985 and promoted as Motor Vehicle Inspector and Regional Transport Officer. While the applicant was working as Motor Vehicle Inspector at Bahadurpura, south Zone, Hyderabad, the ACB authorities conducted surprise check at that office on 24.11.2013 under the impression that certain irregularities were being committed; that during the inspection, Smt. M.Sat
Disciplinary authorities must act independently and not under external influence when imposing punishments.
Disciplinary authorities must conduct independent inquiries and cannot rely solely on external recommendations; failure to do so renders the proceedings invalid.
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
The principles of natural justice must be upheld in disciplinary proceedings, and reliance on improper external influences can invalidate decisions made by disciplinary authorities.
The disciplinary authority must independently assess penalties without undue influence from external advice, ensuring adherence to principles of natural justice.
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
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....
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