Thursday, 27 January 2022

Conduct & Disciplinary Rules – 101 : (Compiled By Com Kayveeyes)

  Conduct & Disciplinary Rules – 101 : (Compiled By Com Kayveeyes)


 13. According to High Court of Orissa (1994 (I) LLJ 798) the violations of principles of natural justice as pointed out by different courts are as under:

i. The enquiry officer should not assume the role of prosecutor or witness (1973 (II) LLJ 316)

ii. Failure to comply with the mandatory provisions of Rule 14 & 15 of CCS ( CCA ) Rules 1965 before awarding of punishment amounts to violation of principle of natural justice ( 1981 (II) LLJ 25 )

iii. Enquiry cannot be conducted by a subordinate to the complainant especially when the superior officer is also a witness in the case (1990 (II) LLJ 23)

iv. Refusal to grant time to the delinquent employee to submit his explanation amounts to violation of principles of natural justice (1990 (II) LLJ 273)

v. Non furnishing of the report viz. the report of enquiry officer would amount to violation of rules of natural justice (1991 (I) LLJ 30 (SC))

vi. Denial to supply copy of the inspection report so far as it relate to the allegation infracted principle of natural justice (1991 (I) LLJ130 Orissa HC )

vii. Witness examined in one enquiry cannot be regarded as witness examined in another enquiry and findings based on such evidence violate the rule of natural justice (1992 (I) LLJ 597)

viii. It is a fact that on two previous occasion disciplinary proceedings were started and dropped against the delinquent by the Electricity Board. The delinquent employee wanted to have a look at and peruse the records in which decision was taken to drop earlier proceedings. Refusal to supply the aforesaid document asked for the delinquent employee amount to denial of principles of natural justice (1990 (II) LLJ 273)

 ix. When there was omission on the part of the management to put the employee on notice of the move on the part of the management to look into consideration the past record of the service of the employee in the matter of imposition of the punishment, there was a violation of principles of natural justice (1990 (I) LLJ 298)

x. The charge sheet issued almost a decade after alleged incident would be violative of principles of natural justice and thus illegal (1994 L (II) LLJ 287)

 xi. A look at the impugned award shows that the entire domestic enquiry was completed in one day and no opportunity of defence was given to the workman. It can thus be said that the enquiry was held in total disregard and in fragrant violation of the principles of natural justice (1995 (I) LLJ 272)

 xii. The Supreme Court and several other High Courts had held that a complaint of violation of a fact of natural justice has to be examined on the touch stone of prejudice.

14. “Natural Justice- Promotion – Disciplinary proceedings held against the petitioner – Found guilty – challenged- Non-examination of the important and indispensable witness – Held, violation of principles of natural justice – Impugned punishment order quashed- Direction given to promote the petitioner as DSP w.e.f. the date of promotion of his immediate junior with all consequential benefits”. P. Erajan v Deputy Inspector General of Police, Tirunelveli Range – 2005(3) A.T.J. HC (Mad.) 218 

15.“Non supply of disagreement note of General Manager, Board of Vigilance and CVC by disciplinary authority- Violation of Article 14 of Constitution – Impugned punishment quashed”.

Mahatam v Union of India & others 2005(3) A.T.J. CAT(LUCHNOW) 232.

16.“Natural Justice- Non supply of preliminary enquiry report and statements recorded therein to applicants - violation of principles of natural justice – Enquiry vitiated – Impugned order quashed”. Sugan Chand & others v Govt. of NCT of Delhi & others 2005(3) A.T.J. CAT (P.B. New Delhi) 451.


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