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HC quashes inquiry report against sacked employee

THE ALLAHABAD High Court has ruled that while holding disciplinary inquiry against a delinquent employee, the rules of natural justice must be observed which requires that the party should have the opportunity of adducing all relevant evidence on which he relied upon and the evidence of the opponent should be taken in presence of the employee.
None | By HT Correspondent, Allahabad
PUBLISHED ON MAR 23, 2006 12:07 AM IST

THE ALLAHABAD High Court  has ruled that while holding disciplinary inquiry against a delinquent employee, the  rules of natural justice must be observed which requires that the party should have the opportunity of adducing all relevant evidence on which he relied upon and the evidence of the opponent should be taken in  presence of the employee. Further, the employee should be given opportunity to cross- examine the witnesses  examined by that party and adduce his own defence evidence and no material should be relied upon against  the employee without being given opportunity  of explaining them.

This was ruled by a Division Bench consisting of Justice VM Sahai and Justice Sabhajeet Yadav on a writ petition filed by Shiv Shankar Saxena, an Incharge District Panchayat Raj Officer, who was removed from service on some charges some time back.

The court, allowing the writ petition, quashed the inquiry report saying that disciplinary  inquiry  was quasi-judicial in nature and therefore, strict rules of evidence were not applied but disciplinary authority or inquiry  officer could obtain all  information,  material on the points under inquiry from all sources and through all channels, without  being fettered by rules and procedure which  governed the proceedings in court.

The only obligation  which the law  cast on them  was that they should not  act on any information which they  may receive  unless  they put it  to the party  against whom it was be used and give him a fair opportunity to explain, observed the judges.

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