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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
G.Venkatesan – Appellant
Versus
Managing Director – Respondent
ORDER :
T.VINOD KUMAR, J.
Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondent Nos.1 to 3 and perused the record.
2. The petitioner, by the present Writ Petition, has assailed the action of the third respondent in issuing proceedings, dated 19.11.2013, as confirmed by the second respondent vide proceedings, dated 18.12.2015, which was further confirmed by the first respondent vide proceedings, dated 01.12.2016.
3. The case of the petitioner is that he was recruited as Shop Supervisor on contractual basis under the first respondent on 24.11.2003; that thereafter on 05.02.2004, his work was extended as additional charge of Area Supervisor of the Arcot Town; that on 25.05.2004, he was appointed as Physical Verification Officer in Shop No.11140, located at R.R. Road, Ranipet; that from the date of his appointment till date, he has been discharging his duties honestly and sincerely without any blemish and to the utmost satisfaction of his superior officials.
4. The petitioner also contended that his superior officials, being satisfied with his work, appointed him as Supervisor in Shop No.11213, Arakkonam; that while working as Supervisor in the sa
Disciplinary authority must furnish separate copy of inquiry report to delinquent before second show-cause notice, ensuring natural justice.
Non-supply of inquiry report violates natural justice but is cured by subsequent supply with penalty order if no prejudice shown; criminal acquittal on technical grounds does not bind disciplinary pr....
The principles of natural justice require fair opportunity and access to documents in disciplinary proceedings; disproportionate punishment may be challenged.
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
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....
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
The court affirmed that the burden of proving actual prejudice from non-supplied documents lies with the petitioner, and mere allegations of procedural irregularity do not invalidate disciplinary pro....
The dismissal of the petitioner was quashed due to a flawed inquiry process that violated principles of natural justice, resulting in shockingly disproportionate punishment.
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