Rules and principles of natural justice.
(xiv) The Disciplinary Authority has prejudged issue and the disciplinary proceedings were held as an empty formality ... February-March, 1994. The learned counsel for the Applicant argued that such prejudging of the issues has vitiated the proceedings and in that regard
inquiry against the applicant, despite the fact that the latter too had prejudged the case and deposed against the applicant in the statutory inquiry ... down.
(v) The enquiry was vitiated since the 3rd and 4th respondents prejudged the case against the applicant. They recorded the accident statement
proceedings are vitiated.
It is further submitted that Disciplinary Authority had prejudged in the Article of Charge issued vide Memo dated 19.04.2004 and the inquiry ... been held that proceedings are vitiated where the issue is prejudged at the stage of framing of charge sheet. It is further stated that
passed the Impugned Order prior to
deciding the Amendment Application, in effect prejudging the same
and making the application for amendment otiose, which ... Appeal.
5.54 TPC-D's aforesaid contention that Ld. Maharashtra Commission
prejudged Case No.137 of 2016 by deciding HPCL's Petition (Case
view is
permissible, in the present case, the same has
resulted in prejudging the issue. In terms of para 7
of the said disagreement note ... applicant,
coupled with the language employed in the
disagreement note itself, reflects prejudging of the
issue. Reference in this regard has been drawn
Mr. Sunil Goyal, Noida vs Ito, New Delhi on 26 November, 2019
ITA No.- 719
purported charges have been framed with bias coud
close mind in prejudged manner as to the quilt af the applicant.
Such charges are ex facie ... will merely knock
his head against the impenetrable wall of prejudged
epinion, such a show cause notice does not commence a
fair procedure especially when
which it has been held that the
disciplinary authority should not prejudge the
gravamen of the allegations and should not use
language which shows that ... Disciplinary Authority, the contention of the
applicant is correct - that he prejudged the issue
of penalty before issuing the charge-sheet. In fact
does not disclose any misconduct;
(ii) if it discloses bias or prejudges the guilt of charged
employee;
(Hi) There is non application of mind ... does not disclose any misconduct;
(ii) If it discloses bias or prejudges the guilt of charged
f
employee;
(Hi) There is non application of mind
that it is not in conformity with
law or discloses bias or prejudgment or non application of mind. The
14
second factor that is contended ... which is the
CCS (CCA) Rules. It has disclosed bias or prejudgment of guilt of the
applicant. There is complete lack of application of mind
