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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Mahesh Ram Kaiwart – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of the petition challenges and procedural history. (Para 1 , 2 , 3 , 4) |
| 2. summary of rival arguments on disciplinary procedures. (Para 5 , 6) |
| 3. evaluation of prejudice regarding non-supply of documents. (Para 7 , 8 , 9 , 10) |
| 4. application of statutory duties and established legal precedents. (Para 11 , 12 , 13) |
| 5. final conclusion on the validity of disciplinary findings. (Para 14 , 15 , 16) |
C A V Order
1. Being aggrieved by the punishment order dated 12.9.2011, whereby a penalty of stoppage of two annual increments with cumulative effect was imposed, the Enquiry Report dated 29.7.2011 as well as the Appellate Order dated 4.1.2023, the petitioner has preferred this petition.
2. It is contended by the petitioner that the Disciplinary Authority, without conducting a proper departmental enquiry in accordance with law, penalised the petitioner. The enquiry was conducted in violation of the procedure prescribed under Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short “the Rules, 1966”), particularly ignoring the requirement for submission of written briefs. Furthermore, the findings are perverse as the charges were not proved
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