Basic principles for conduct of departmental inquiry
The petitioner has relied on the judgment reported in AIR
1986 SC 995 (Sawai Singh Versus State of Rajasthan). In paragraph 16,
the Hon'ble Supreme Court has laid down as follows:
"16. It has been observed by this Court in Surath Chandra C
Chakravarty v. State of West Bengal (1971) 3 SCR 1 : (AIR 1971 SC 752) that charges involving consequences of termination of service must be specific, though a departmental h
enquiry is not like a criminal trial as was noted by this Court
in the case of State of Andhra Pradesh v. S. Sree Rama Rao H
(1964) 3 SCR 25 : (AIR 1963 SC 1723) and as such there is no such rule that an offence is not established unless it is proved beyond doubt. But a departmental enquiry entailing
consequences like loss of job which now-a-days means loss of
livelihood, there must be fair play in action, in respect of an order involving adverse or penal consequences against an
employee, there must be investigation to the charges consistent with the requirement of the situation in-accordance
with the principles of natural justice in so far as these are applicable in a particular situation."
Bombay High Court
C vs Disciplinary Authority, ... on 12 August, 2013
Bench: Anoop V.Mohta, Z.A. Haq
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, rtNAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 930/2013
Vinayak Narayan Navkar,
...VERSUS.....
1. The State of Maharashtra,
2. The High Court of Judicature at Bombay, Through its Registrar (Judicial),
Fort, Mumbai - 400 032.
3. The Principal District and Sessions Judge
Disciplinary Authority, Chandrapur,
PRONOUNCED ON : 12.08.2013 .1
Citation ;2013 (6) MH L J 119
https://www.lawweb.in/2013/11/basic-principles-for-conduct-of.html
