P&H: Quashes order of Dismissal from service For Breach Of Natural Justice; Orders Full Benefits With 6% Interest
High Court has set aside dismissal of a Haryana government employee after finding that the departmental inquiry was conducted in breach of the principles of natural justice. Court allowed the writ petition and directed that he be granted all service and retiral benefits with arrears, carrying interest at 6% per annum from the date of dismissal.
The case concerned a challenge to the inquiry report the dismissal order and the appellate order. The petitioner alleged that although he had initially proceeded on sanctioned leave and sought extension, he was neither informed of rejection nor given a fair chance during the inquiry. He pointed out that, his request for adjournment was declined in the absence of his counsel, the Inquiry Officer himself conducted cross-examination of witnesses, and no opportunity was thereafter afforded to lead defence evidence.
The State defended the action as a consequence of wilful absence from duty and maintained that a regular inquiry was conducted...
