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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Bindu Joy, D/o.George.M.P. – Appellant
Versus
Destination Management Council Represented By Its Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. challenge of disciplinary proceedings and termination (Para 1) |
| 2. arguments regarding procedural improprieties (Para 2 , 3) |
| 3. judicial review scope and principles of natural justice (Para 4) |
| 4. requirement of opportunity to respond before decision (Para 5) |
JUDGMENT :
VIJU ABRAHAM, J.
The above writ petition is filed challenging Ext.P32 order and also Exts.P14 and P19 orders and Ext.P29 enquiry report. Petitioner has also sought for a consequential direction to the 1st respondent to reinstate the petitioner in service with full salary from 29.05.2020 onwards.
2. Disciplinary proceedings were initiated against the petitioner while she was working as Manager in Destination Management Council, Peechi Dam. Petitioner would submit that the disciplinary proceedings were initiated due to political differences and for the reason that the petitioner has submitted a complaint against publication of defamatory posts on facebook and consequential registration of Ext.P9 FIR and also due to the complaint filed by the petitioner regarding harassment at work place as evident from Ext.P10. As part of the disciplinary proceedings initiated petitioner was suspended from service as per Ext
Termination of employment must adhere to principles of natural justice, ensuring employees have the opportunity to contest charges and receive inquiry reports before any disciplinary action is finali....
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....
Disciplinary authorities must adhere to principles of natural justice by providing reasons for disagreement with enquiry findings and allowing the delinquent an opportunity to be heard.
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 court established that employees have a right to receive the enquiry report and participate in the enquiry, which are essential for a fair disciplinary process.
A disciplinary authority may order a further inquiry to correct deficiencies in initial proceedings when necessary for ensuring justice, provided it does not violate principles of natural justice.
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