For imposing penalty and for imposing minor punishments, the procedure of issuing show-cause notice and receiving explanations/objections are to be followed by the authorities before taking a decision and passing orders. The respondents are directed to issue show cause notice, setting out all the details to the writ petitioner.
Principal of natural justice— The memo issued against the writ petitioner, imposing the penalty as well as the GST directed to be paid, is under challenge in these writ petition.
The grievances of the writ petitioner is that he has not received any show- cause notice or an opportunity was provided, enabling him to defend his case.
This Court is of an opinion that any order affecting the rights of an employee must be issued at least by providing an opportunity to the delinquent official to defend his case in the manner known to law. As far as the other Statutes are concerned, the respondents are bound to follow the procedures contemplated under the Act.
Held that— this Court is of an opinion that the writ petition is fit for remand and accordingly, the impugned order passed by the second respondent in memo dated 22.10.2018 is quashed. The respondents are directed to issue show cause notice, setting out all the details to the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order.
For imposing penalty and for imposing minor punishments, the procedure of issuing show-cause notice and receiving explanations/objections are to be followed by the authorities before taking a decision and passing orders. The respondents are directed to issue show cause notice, setting out all the details to the writ petitioner.
Principal of natural justice— The memo issued against the writ petitioner, imposing the penalty as well as the GST directed to be paid, is under challenge in these writ petition.
The grievances of the writ petitioner is that he has not received any show- cause notice or an opportunity was provided, enabling him to defend his case.
This Court is of an opinion that any order affecting the rights of an employee must be issued at least by providing an opportunity to the delinquent official to defend his case in the manner known to law. As far as the other Statutes are concerned, the respondents are bound to follow the procedures contemplated under the Act.
Held that— this Court is of an opinion that the writ petition is fit for remand and accordingly, the impugned order passed by the second respondent in memo dated 22.10.2018 is quashed. The respondents are directed to issue show cause notice, setting out all the details to the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order.