Departmental Enquiry
Point of commencement - Held, disciplinary proceedings begin with issuance of charge-sheet,
Bhajan Singh v. State of Uttarakhand, (2013) 14 SCC 32
Service Law
Suppression of material fact - Non-disclosure of pendency of three charge-sheets against Respondent 4 to Selection
Committee - Held, selection of Respondent 4 to post of Managing Director of Nigam vitiated since R. 5 of 2011 Rules
categorically state that all material relevant for assessing merit of candidate should be placed before Selection
Committee - Further held, Chairman of Nigam who had issued the charge-sheet, was member of the Selection
Committee and as such ought to have disclosed the said factum to the Committee - Such conduct of the Chairman
strongly deprecated and Respondent 1 State directed to initiate enquiry against him.
Departmental Enquiry
Point of commencement - Held, disciplinary proceedings begin with issuance of charge-sheet,
Departmental Enquiry
Issuance of - Competent authority - Held, charge-sheet was issued by Chairman of Nigam who was the disciplinary
authority - Hence, contention that since charge-sheet was not issued by competent authority, no cognizance on basis
thereof could be taken, rejected - Further held, Respondent 4 ought to have replied to charge-sheet and could not have
decided for himself that since according to him it was not issued by competent authority, he could ignore same,
Judicial Process
What is - Proper adjudication - Strict adherence to relevant statutory Rules - Necessity - High Court holding that law
permitted selectors to ignore pending charge-sheets against Respondent 4, since they were mere accusations and
integrity of a person cannot be questioned on basis of mere allegations - Held, fact that Selection Committee was not
apprised of the pending charge-sheets was in breach of R. 5 of 2011 Rules - High Court erred in ignoring the said aspect
- The way the issue was decided by Division Bench presided over by CJ, strongly deprecated - Approval of appointment
of persons of doubtful integrity in higher administrative positions may lead people to doubt integrity of Judges as well,
Print Page
Point of commencement - Held, disciplinary proceedings begin with issuance of charge-sheet,
Bhajan Singh v. State of Uttarakhand, (2013) 14 SCC 32
Service Law
Suppression of material fact - Non-disclosure of pendency of three charge-sheets against Respondent 4 to Selection
Committee - Held, selection of Respondent 4 to post of Managing Director of Nigam vitiated since R. 5 of 2011 Rules
categorically state that all material relevant for assessing merit of candidate should be placed before Selection
Committee - Further held, Chairman of Nigam who had issued the charge-sheet, was member of the Selection
Committee and as such ought to have disclosed the said factum to the Committee - Such conduct of the Chairman
strongly deprecated and Respondent 1 State directed to initiate enquiry against him.
Departmental Enquiry
Point of commencement - Held, disciplinary proceedings begin with issuance of charge-sheet,
Departmental Enquiry
Issuance of - Competent authority - Held, charge-sheet was issued by Chairman of Nigam who was the disciplinary
authority - Hence, contention that since charge-sheet was not issued by competent authority, no cognizance on basis
thereof could be taken, rejected - Further held, Respondent 4 ought to have replied to charge-sheet and could not have
decided for himself that since according to him it was not issued by competent authority, he could ignore same,
Judicial Process
What is - Proper adjudication - Strict adherence to relevant statutory Rules - Necessity - High Court holding that law
permitted selectors to ignore pending charge-sheets against Respondent 4, since they were mere accusations and
integrity of a person cannot be questioned on basis of mere allegations - Held, fact that Selection Committee was not
apprised of the pending charge-sheets was in breach of R. 5 of 2011 Rules - High Court erred in ignoring the said aspect
- The way the issue was decided by Division Bench presided over by CJ, strongly deprecated - Approval of appointment
of persons of doubtful integrity in higher administrative positions may lead people to doubt integrity of Judges as well,
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