Srinagar, June 7: High Court today held that punishment of a delinquent employee without holding regular enquiry against him/her is abuse of law.
Justice M A Chowdhary while setting aside a Board of School Education order said that no disciplinary committee was constituted by the BOSE to conduct regular enquiry into the charges against the delinquent employee and the committee, so constituted, had been asked to pinpoint and probe into the irregularity committed by the officials of the Sub Office Kulgam including the petitioner, and to fix responsibility of the Principal HSS Devsar, S.O, and the petitioner.
The petitioner-Dar was recommended to be penalized by withholding his next promotion for a period of two years.
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Respondent-Board acted upon the afore-stated report without conducting the disciplinary enquiry to look into the charge against the petitioner.
As per the Service Law Jurisprudence, the official having committed misconduct during his service is to be charge-sheeted by framing articles of charge and to lead evidence before the enquiry officer as appointed, where the delinquent official must have a right to cross examine the witnesses and also lead evidence in his defense”, Justice Chowdhary said & added that with the impugned order, having been passed in arbitrary manner without conducting disciplinary enquiry into the alleged misconduct against the petitioner, is not sustainable.
