Yoginath D. Bagde vs State Of Maharashtra & Anr on 16 September, 1999
As per Rule 14 of the CCA Rules, major
punishment can be imposed upon an employee only
when full fleged inquiry is being conducted. In the
present case, learned counsel for the petitioner
submits that said course was not open to the
petitioner because such inquiry is already pending
and no final decision is taken by the disciplinary
authority on the report of inquiry officer dated
04/06/2010. Lastly, it is submitted that decision
making process by the respondents is contrary to
law and against the settled legal position. Reliance
is placed on AIR (1999) 7 SCC 739 (Yoginth D
Bagde Vs. State of Maharashtra) it is urged that
the impugned show-cause notice amounts to giving
post decisional hearing to the petitioner. The
respondents on the basis of ex parte report have
already taken a decision to dismiss the services of
the petitioner. This course is totally unknown to
law.