eng
competition

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SAI COMPUTER TYPING INSTITUTE, GULABARA CHHINDWARA (M.P.) CPCT ADMISSION OPEN MOB. NO.9098909565 Director By Lucky Shrivatri

created Yesterday, 08:18 by Sai computer typing


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The respondent filed a representation against the said order before the State Government, which came to be rejected. That thereafter the respondent filed a Claim Petition No.2226 of 2017 before the Tribunal challenging the order of punishment imposed by the Disciplinary Authority. The Tribunal allowed the said petition and quashed the punishment mainly on the ground of Doctrine of Equality and also the ground that the enquiry conducted was in breach of principles of natural justice in as much as the relevant documents mentioned in the charge sheet were not supplied to the delinquent officer. Feeling aggrieved and dissatisfied with the order passed by the Tribunal quashing and setting aside the punishment, the State preferred the writ petition before the High court. By the impugned judgment and order, the High Court has dismissed the said writ petition and has refused to interfere with the order passed by the Tribunal. That thereafter the State preferred Review Application No.138 of 2021 before the High Court. The High Court has dismissed the said review application also. It is further submitted that assuming that the Enquiry Proceedings were vitiated on the ground of violation of principles of natural justice, in that case also as per the settled proposition of law, the matter ought to have been remanded to the Enquiry Officer and the Disciplinary Authority to proceed further with the enquiry from the stage of violation of the principles of natural justice. It is further submitted by Shri Shukla, learned Senior Advocate appearing on behalf of the State that another ground given by the Tribunal as well as the High Court that other employees involved in respect of the same incident were exonerated and/or no action was taken against them, is concerned, it is submitted that on the aforesaid ground, the Enquiry Report and the order of punishment imposed by the Disciplinary Authority cannot be set aside.

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