Service Matter
Rules of natural Justice – Disciplinary Authority – Fairness
In a domestic enquiry fairness in the procedure is a part of the principles of natural justice. Khem Chand v....
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Rules of natural Justice – Disciplinary Authority
“Furthermore, the order of disciplinary authority as also the appellate authority are not supported by any reason. As the orders...
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Reasons to be recorded – Disciplinary Authority – Quasi Judicial
Appellate authority must give reasons while affirming the order of lower authority. Chairman, Disciplinary Authority, Rani Lakshmi Bai Kshetriya Gramin...
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Departmental proceeding are not required to be proved like a criminal trial
“25. … Although the charges in a departmental proceeding are not required to be proved like a criminal trial i.e...
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Departmental proceeding is a quasi-judicial one
“The departmental proceeding is a quasi-judicial one. Although the provisions of the evidence act are not applicable in the said...
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Departmental proceeding is a quasi-judicial proceeding
Indisputably, a departmental proceeding is a quasi-judicial proceeding. The enquiry officer performs a quasi-judicial function. The charges levelled against the...
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Evidence – Departmental proceedings – Suspicion or presumption cannot take the place of proof even in a domestic enquiry.
Suspicion or presumption cannot take the place of proof even in a domestic enquiry. The writ court is entitled to...
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Evidence – Departmental proceedings – Enquiry officer is not permitted to collect any material from outside sources during the conduct of the enquiry.
Enquiry officer is not permitted to collect any material from outside sources during the conduct of the enquiry. State of...
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Evidence – Departmental proceedings – Evidence collected during investigation by the investigating officer
Evidence collected during investigation by the investigating officer against all the accused by itself could not be treated to be...
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Evidence – Departmental proceedings – When a crucial finding like forgery was arrived at on an evidence which is non est in the eye of the law, the civil court would have jurisdiction to interfere in the matter
When a crucial finding like forgery was arrived at on an evidence which is non est in the eye of...
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Evidence – Departmental proceedings – Confession made by the appellant before the police.
The only basic evidence whereupon reliance has been placed by the enquiry officer was the purported confession made by the...
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Doctrine of unreasonableness – Doctrine of proportionality
“The departmental proceeding is a quasi-judicial one. Although the provisions of the evidence act are not applicable in the said...
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Disciplinary proceedings – Enquiry officer is not permitted to travel beyond the charges
Enquiry officer is not permitted to travel beyond the charges and any punishment imposed on the basis of a finding...
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Compassionate appointment – Is an exception to the general rule
It is well settled that appointment to public office is required to be made by strictly adhering to the mandatory...
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