The Calcutta High Court recently made a significant ruling regarding the obligations of an employer in disciplinary proceedings. The court emphasized the importance of fairness and reasonableness in administrative actions and stated that an employer has a duty to ensure that no prejudice is caused to its employees during disciplinary proceedings.
The bench, consisting of Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee, observed that fairness and reasonableness are paramount issues in administrative actions. In the context of disciplinary proceedings, the employer is obligated to act fairly and ensure that no prejudice is caused to the employee. This principle implies a duty to act fairly and protect the rights of the employee.
Background of the Case
The case in question involved a writ petition challenging an order of the tribunal that rejected the petitioner’s request to submit a written statement of defense in a disciplinary proceeding. The tribunal cited the petitioner’s failure to file the written statement of defense within a reasonable period, as required by the provisions of Regulations 861(c) of the Police Regulations of Bengal, 1943.
The court noted that upon receiving a chargesheet, the petitioner had immediately submitted a representation denying the allegations and requesting an open inquiry. However, the petitioner later discovered that the respondent had been appointed as the Enquiry Officer, who stated that only the petitioner’s preliminary written statement of defense would be considered. The Enquiry Officer did not provide any reason for not accepting the petitioner’s written statement of defense.
Court’s Decision
The Calcutta High Court expressed the opinion that the tribunal should not have refused the petitioner’s prayer to allow him to file the written statement of defense. Therefore, the court set aside the impugned order and granted the petitioner leave to file the written statement of defense to the Enquiry Officer.
In conclusion, the court disposed of the writ petition by allowing the petitioner to file the written statement of defense, thereby ensuring fairness and reasonableness in the disciplinary proceedings.
