Is compliance with natural justice in a departmental enquiry tested by whether a fair opportunity was afforded, not by the number of show cause notices?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
Compliance with natural justice in a departmental enquiry is tested by whether a fair opportunity was afforded, not by the number of show cause notices.
Yes. Compliance with natural justice in a departmental enquiry is tested by whether a fair opportunity was afforded, not by the number of show cause notices. Here the enquiry officer examined witnesses, the employee participated and defended his case, the enquiry report was furnished with a show cause notice and his explanation was considered before punishment, so the contention of violation was untenable.
Tamil Nadu Co-operative Societies Act, 1983 — ss.82, 153, 181 — Departmental disciplinary proceedings — Suo motu revision — Natural justice — Delay in initiation — Tamil Nadu Co-operative Societies Act, 1983 — s.181 — s.153 — Registrar's power to direct an enquiry — Held: Where a revision under s.153 ends only in an order of remand, the Registrar is empowered to invoke s.181 and direct a Regional Joint Registrar to initiate suo motu revision, conduct an enquiry and pass orders on merits. (¶13) Principles of natural justice — Departmental enquiry — Fair opportunity, not the count of notices — Held further: The test is not whether two show cause notices were issued but whether a fair opportunity was afforded to the delinquent officer, who here participated at every stage and defended his case. (¶18, 19) Departmental disciplinary proceedings — Delay in initiation — Not a ground per se — Held further: Mere delay does not vitiate a charge memorandum; the nature of the allegations and the cause of delay must be weighed, and delay caused by the employee's own writ proceedings cannot be attributed to the employer. Writ appeal allowed. (¶15, 16)
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