Anmol 07 December 2022

Departmental proceedings

Sir, Can enquiry report be challenged in the court before any decision of disciplinary authority on the ground of bias and not following procedure?

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Quick Summary

This discussion explores whether a departmental enquiry report can be challenged in court before a final decision is made, specifically on grounds of bias or procedural irregularities. While direct court intervention is limited until a penalty order is issued, a representation can be made to the committee. Courts may issue directions via writ petition if procedures are not followed, or if the enquiry is demonstrably malicious or based on false complaints.

3 Replies

Real Soul.... (LEGAL) 07 December 2022

You can file representation to the committee about that, if they failed to follow the procedure you can get directions from court by way of writ petition

Adv. Shrey Shah (Advocate) 07 December 2022

If the enquiry is conducted with malice and smacks of false complaints on the face of it, you can challenge it before court of law. But unless it is very evident that no enquiry was needed, courts will not interfere.