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1 - 8 of 8 (0.31 seconds)Kashinath Dikshita vs Union Of India (Uoi)And Ors. on 15 May, 1986
6. The nature of the departmental disciplinary proceedings is of quasi-judicial, which implies that it has to be conducted in accordance with the service rules and in the absence of any specific rules, it must satisfy the principles of natural justice. One of the principles of natural justice is that the delinquent has to be given opportunity of hearing, which opportunity is required to be effective and not a
mere pretence. In the departmental enquiries, the charge-sheet is Issued and documents which are supposed to be utilised against the delinquent official are indicated in the charge-sheet but if the copies thereof are not supplied to him inspite of his request and he is at the same time called upon to submit his reply. It cannot be said that he was afforded effective opportunity to defend. The Hon'ble Supreme Court in Chandrama Tewari v. Union of India, AIR 1988 SC 117 ; Kashinath Dikshita v. Union of India and others.
State Of Uttar Pradesh vs Mohd. Sharif (Dead) Through Lrs. on 13 January, 1982
AIR 1986 SC 2118 and State of U. P. v. Mohd. Sharif, AIR 1982 SC 937, has settled this principle. Even in cases where copies of the documents referred to in the charge-sheet are not possible to be supplied, the enquiry officer has to inform the employee expressly that he has alternative course of inspecting documents.
State Of Uttar Pradesh & Ors vs Kasturi Lal Har Lal on 3 August, 1987
Such an enquiry stands vitiated, if it is without supplying him the copies of the documents referred to in the charge sheet or informing him expressly of the alternative remedy of inspecting documents (see State of U. P. v. Shatmghan Lal and another, (1988) 6 SCC 651).
Chandrama Tewari vs Union Of India, Through General ... on 18 November, 1987
6. The nature of the departmental disciplinary proceedings is of quasi-judicial, which implies that it has to be conducted in accordance with the service rules and in the absence of any specific rules, it must satisfy the principles of natural justice. One of the principles of natural justice is that the delinquent has to be given opportunity of hearing, which opportunity is required to be effective and not a
mere pretence. In the departmental enquiries, the charge-sheet is Issued and documents which are supposed to be utilised against the delinquent official are indicated in the charge-sheet but if the copies thereof are not supplied to him inspite of his request and he is at the same time called upon to submit his reply. It cannot be said that he was afforded effective opportunity to defend. The Hon'ble Supreme Court in Chandrama Tewari v. Union of India, AIR 1988 SC 117 ; Kashinath Dikshita v. Union of India and others.
Article 14 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Ministry Of Finance & Anr vs S.B. Ramesh on 2 February, 1998
Even in cases where the charges are based on documentary evidence, no such document can be considered as evidence or proof of the charge against the delinquent official unless the documents are proved by examining the witnesses (see Ministry of Finance and others v. S. B. Ramesh, 1998 SCC 1046).
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