Wednesday, 19 January 2022

Conduct & Disciplinary Rules – 99 : (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 99 : (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 99 : (Compiled By Com Kayveeyes)


1. According to Kerala High Court discipline in establishment is to be preserved at all cost like “apple of an eye.”    

 If any employee commits misconduct, meaning an act or omission which goes against the smooth functioning of the establishment he requires to be punished. But before any punishment for misconduct is awarded, observance of principles of natural justice in the form of enquiry is a must.             

2. The two principles of natural justice otherwise known as principles of natural justice, equity and fair play are –

1. AUDI ALTERAM PARTEM: Hear the other side

2. NEMO JUDE IN CAUSASUA: No person shall be a judge in his own case (There should not be bias – personal, pecuniary or any other)

3. One who hears must decide.               

3. The main aim of observance of these principles of natural justice in disciplinary proceedings or domestic enquiries is to secure justice or to put it negatively to prevent miscarriage of justice. It is to give fair and impartial touch to the disciplinary proceedings.                

4.The Supreme Court in the case of Firestone Tyre and Re-treading company Vs Workmen ( 1967 (II) LLJ 715 SC ) held – “ a domestic enquiry is a quasi-judicial proceeding and as such one of its essential requirement is that the rules of natural justice have to be observed in holding it”    

5.  In Director ECIL Vs B. Karunakaran (1994 (I) LLJ 162) the Supreme Court expressed as below – “the theory of reasonable opportunity and principles of natural justice have been evolved to uphold the rule of law and to assist individual to vindicate his just right.”                

6.  In MLL Kumar Vs the Divisional Manager APSRTC Cuddapah (1990 (II) LLJ 23) the Andhra Pradesh High Court held that – “the principles of natural justice is applicable to domestic proceedings have been held to include within them a right to the employee to have a fair trial”                  

7. The scope of rules of natural justice has been explained by the Supreme Court in Union of India Vs V.R. Varma (AIR LC 57 SC 882 ) as below – “ stating it broadly and without intending  it to be exhaustive, it may be observed that the rules of natural justice requires that a party should have the opportunity of adducing all relevant evidence on which he relied, that the evidence of the opponent should be taken in his presence and that he should be given the opportunity of cross examining the witnesses examined by the party and that no materials should be relied on against him without his being given an opportunity of explaining them”                 

1.    According to High Court of Patna (1993 (1) LLJ 1223) the right of being heard, though not a fundamental right, is a fundamental principle for judging fairness in action 


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