Departmental inquiry without giving opportunity of hearing. In the departmental inquiry the disciplinary inquiry officer did not provide me an opportunity to defend. No opportunity was given to ask cross-examination or adduce witness. Please help.
In disciplinary proceedings, it is necessary to fix a date for the evidence of the charged employee. However, if the charged employee does not wish to lead any evidence, this fact must be recorded in the disciplinary proceedings. It appears that this procedure was not followed in your case, or at least, no order or noting to this effect has been pointed out to you. As a result, there may have been a violation of the principles of natural justice.
You should file a writ petition in the high court for quashing of the departmental inquiry. Breach of natural justice strikes at the root of the case. Entire proceeding had been conducted without affording you an opportunity of hearing. This fact itself proves that the inquiry committee has committed grave error. Therefore, the high court may quash the entire proceedings.
