Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Misconduct - Charges of willful absence from official duty and disobedience of orders of superiors - Disciplinary action |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Misconduct - Charges of willful absence from official duty and disobedience of orders of superiors - Disciplinary action - c Respondent compulsorily retired from service - He filed writ petition - High Court set aside the order of compulsory retirement - On appeal, held: The delinquent employee has a right to receive a copy of the inquiry officer '.s report before the Disciplinary Authority arrives at its conclusions with regard to the guilt or innocence of D the employee with regard to the charges levelled against him - That right is a part of employee '.s right to defend himself - On facts, there was violatiOn of principle of natural justice at the level of Disciplinary authority when opinion was formed to punish the - '-delinquent with dismissal without forwarding the inquiry report to him and before_ obtaining his comments on the inquiry report - E Disciplinary Authority to proceed with the inquiry from the stage in which fault was noticed i.e. stage under r.15 of CCS (CCA) Rules, 1965 - CCS (CCA) Rules, 1965 - r. 14 and 15 -Administrative Law - Principles of Natural Justice. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 1041 |
Petitioner | H.p. State Electricity Board Ltd. |
Respondent | Maresh Dahiya |
SCR | [2016] 9 S.C.R. 879 |
Judgement Date | 2016-11-18 |
Case Number | 10913 |
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