Employer Has Obligation To Ensure That No Prejudice Is Caused To Employee In Disciplinary Proceedings: Calcutta HC

The Court stated that fairness and reasonableness are paramount issues for administrative action.

The bench of Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee observed, “Fairness and reasonableness are paramount issues for administrative action. In a disciplinary proceeding, the employer is under an obligation to ensure that no prejudice is caused to its employees. The principle implies a duty to act fairly.”

Advocate Tulshidas Ray appeared for the Appellant and Senior Standing Counsel Amitesh Banerjee appeared for the Respondent.

Brief Facts-

The present Writ Petition challenges the Tribunal order which rejected the petitioner's request to submit a written statement of defence in a disciplinary proceeding. The tribunal cited that the petitioner in terms of the provisions of Regulations 861(c) of the Police Regulations of Bengal, 1943 did not file the written statement of defence within a reasonable period.

The Court noted that records reveal that a chargesheet was issued against the petitioner and immediately upon receipt of the said chargesheet, he submitted a representation denying the allegations and sought for an open enquiry.

The Court noted that the petitioner came to learn that the respondent had been appointed as the Enquiry Officer and in the said order the Enquiry Officer observed that only the petitioner’s preliminary written statement of defence would be considered. No reason was, however, disclosed as to why his written statement of defence would not be accepted.

The Court was of the opinion that the petitioner’s prayer to allow him to file the written statement of defence ought not to have been refused by the Tribunal.

Accordingly, the Court set aside the impugned order in the present Writ Petition and granted leave to file the written statement of defence to the Enquiry Officer.

The Court disposed of the Writ Petition.