Important case law on Departmental enquiry
Holding a domestic enquiry for certain acts
of misconduct, if not a criminal trial, is certainly
akin to a trial for proving charges. There is no
reason why the principles akin to the above should
also not apply in the matter of change or transfer in
relation to venue. In fact in order to assure a fair
trial and to comply with the principles of natural
justice, it would be appropriate to apply the said
general rule that ordinarily the charges for
misconduct must be tried at a place where events or
incidents leading to the charges have taken place. We
also hold that in the absence of rule or provision
prescribing the venue or place for holding domestic
enquiry, it must ordinarily be held as indicated by us
above. The place or venue of the enquiry could be
changed only in exceptional or such circumstances
beyond the control of the Management or the enquriy
officer or even the delinquents. But then the reasons
for such a change should be known. There may be cases
where the ordinary place for holding enquiry is
unsuitable, inconvenient or becoming riotous when the
change of venue could be justified and such
circumstances may be myriad and vary from case to
case.
Citation;2013(2) MH L J 804
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
LETTERS PATENT APPEAL NO.560/2011
IN
WRIT PETITION NO.1978/2011 (D)
Wainganga Bahu-uddeshiya Vikas
..Versus..
RESPONDENTS: 1. Diwakar s/o Maloji Kamble,
