Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court
2 years, 9 months ago

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

Live Law  

The Kerala High Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P also held that even if such a right is not explicitly stated in the statute, being a fundamental and essential part of the natural justice, it must be read into every statute. Advocate S.P Aravindakshan Pillay appearing for the petitioner submitted that the disciplinary authority accepted the enquiry report and decided to punish him before giving a copy or obtaining his remarks which deprived him of his right to point out the vitiating factors of the report and to avoid punishment on the basis of such a report. The Bench held that giving access to the enquiry report after the Government accepted the findings in the same and provisionally decided to impose a penalty is a violation of the principles of natural justice.

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History of this topic

Kerala HC unhappy over govt. not setting up dedicated authority for Periyar
1 week, 2 days ago

Kerala HC unhappy over govt. not setting up dedicated authority for Periyar

The Hindu  

A Division Bench of the Kerala High Court has expressed displeasure over the non-constitution of a dedicated authority or agency for the Periyar and has restrained the newly constituted monitoring committees from commencing their work until further orders. Justice Devan Ramachandran recently observed that the government order constituting the two monitoring committees “seems to fall below the requisite.” This is …

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 2 weeks ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Kerala High Court Issues Guidelines To Ensure Minors Are Not Mistakenly Tried As Adults
3 months, 1 week ago

Kerala High Court Issues Guidelines To Ensure Minors Are Not Mistakenly Tried As Adults

Live Law  

The Kerala High Court, while handling a case in which two juveniles were tried and punished as adults, issued a set of directives to investigating agencies and the district judiciary to prevent such occurrences in the future. It shall be indicated in the remand report, the method adopted to ascertain the age of the arrestee while producing him before the …

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates
6 months, 2 weeks ago

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that in a departmental enquiry, if the enquiry officer himself/ herself acted as the prosecutor, the entire departmental enquiry would stand vitiated. It was the case of the petitioner that at the time of conducting the enquiry, the enquiry officer played the role of the presenting officer by asking several questions to the witnesses and …

Delinquent Employees Entitled To Copy Of Enquiry Report Even In Cases Where Rules Governing Disciplinary Proceedings Are Silent: J&K High Court
11 months ago

Delinquent Employees Entitled To Copy Of Enquiry Report Even In Cases Where Rules Governing Disciplinary Proceedings Are Silent: J&K High Court

Live Law  

Reaffirming the rights of government employees facing disciplinary actions the Jammu and Kashmir and Ladakh High Court has ruled that delinquent employees are entitled to a copy of the enquiry report, even in cases where rules governing disciplinary proceedings do not expressly provide for the same. Referencing Union of India and others v Mohd Ramzan Khan 1991 whereby the Supreme …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 2 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
11 months, 3 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature
2 years, 4 months ago

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

Live Law  

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the …

Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court
2 years, 8 months ago

Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court

Live Law  

The Telangana High Court recently dismissed a Writ petition filed by a delinquent employee arguing that once the Enquiry Officer had found no materia against him, the Disciplinary Authority cannot differ with the finding of the Enquiry authority. However, without taking into consideration the withdrawal of complaint, given by said account holder, the 2nd respondent vide his letter, placed petitioner …

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]
4 years, 8 months ago

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162 of the Code of Criminal Procedure, 1973. Section 162 of the Code provides that, no statement made by any person to a police officer in the …

Kerala HC directs Chief Secretary to conduct an enquiry against AG’s Office ;CJ asks registrar to give a Report; [Update; Registrar denies news reports]
9 years, 7 months ago

Kerala HC directs Chief Secretary to conduct an enquiry against AG’s Office ;CJ asks registrar to give a Report; [Update; Registrar denies news reports]

Live Law  

UPDATE ; By a press note dt 3.8.2015 High Court of Kerala Registrar denied the news that the Chief Justice asked the registrar to submit a report. In an unprecedented development, the Kerala High Court on Friday ordered an enquiry to be conducted by the Chief Secretary against the Advocate General's office for failing to secure instructions in 4 cases …

Kerala HC directs Chief Secretary to conduct an enquiry against AG’s Office ;CJ asks registrar to give a Report; [Update; Registrar denies news reports]
9 years, 7 months ago

Kerala HC directs Chief Secretary to conduct an enquiry against AG’s Office ;CJ asks registrar to give a Report; [Update; Registrar denies news reports]

Live Law  

UPDATE ; By a press note dt 3.8.2015 High Court of Kerala Registrar denied the news that the Chief Justice asked the registrar to submit a report. In an unprecedented development, the Kerala High Court on Friday ordered an enquiry to be conducted by the Chief Secretary against the Advocate General's office for failing to secure instructions in 4 cases …

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