Wednesday, 26 December 2018

Whether it is necessary to hear delinquent judicial officer prior to departmental inquiry?

In so far as the submission of the Learned Counsel for the
Petitioner that the reply of the Petitioner has not been considered and that the
Petitioner has also not been given a hearing in so far as the second
Departmental Enquiry is concerned, in our view the said submission is
misconceived. The Disciplinary Authority is under no obligation at the stage of
the show cause notice to afford any opportunity of hearing to a delinquent.
The Disciplinary Authority has only to consider whether there are grounds for
proceeding with so as to enquire into the truth of any allegations against the
judicial officer. In our view therefore, the said submission cannot be accepted
and there is no violation of the principles of natural justice merely because no
hearing was afforded prior to the Disciplinary Authority coming to a conclusion
to proceed departmentally against the Petitioner.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.643 OF 2017

Asif Badremunir Tahasildar Vs. State of Maharashtra 


CORAM :R. M. SAVANT, &
SARANG V KOTWAL, JJ

PRONOUNCED ON : 4th MAY, 2018
Citation: 2018(6) MHLJ 850

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