Service Law – Departmental Inquiry – Dismissal – Noncompliance of Principles of Natural justice – Impermissibility of – Held: Respondent-delinquent was facing the departmental inquiry w.r.t serious charge of misappropriation – As the order of dismissal was set aside on the ground that the same was in breach of principles of natural justice, the High Court ought to have remitted the case to the Disciplinary Authority to conduct the inquiry from the point that it stood vitiated and to conclude it after furnishing a copy of the Inquiry Report to the delinquent and giving him an opportunity to submit his comments thereon – Impugned order passed by the Division Bench as well as Single Judge of the High Court ordering reinstatement of the respondent with back wages set aside – Case remitted to the Disciplinary Authority to conduct the inquiry as aforesaid – Further, considering the fact that earlier also the dismissal order was set aside on the ground that it was in breach of principles of natural justice and the matter was remitted back and thereafter again when the fresh order of dismissal has been passed, it is again found to be in violation thereof and again the matter is to be remitted back, the appeal is allowed with costs of Rs. 50,000/- to be paid by the appellant to the respondent-delinquent. Chairman, Life Insurance Corporation of India and Ors. v. A. Masilamani (2013) 6 SCC 530 : [2012] 11 SCR 35; State of Uttar Pradesh and Ors. v. Rajit Singh, 2022 SCC Online SC 341 : 2022 (5) SCALE 199 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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