Departmental inquiries are conducted by employers to investigate allegations of misconduct or other issues related to employee conduct or performance. These inquiries are conducted in accordance with the principles of natural justice, and employees are entitled to a fair opportunity to present their case.
The Supreme Court of India has consistently emphasized the importance of giving employees a fair opportunity to present their case in departmental inquiries. In several landmark judgments, the Court has held that departmental inquiries must be conducted in accordance with the principles of natural justice, and any decision taken without giving the employee a fair opportunity to present their case would be a violation of natural justice and would be struck down.
One of the leading cases in this regard is the case of Ajay Hasia v. Khalid Mujib Sehravardi (1981). In this case, the Supreme Court held that the principles of natural justice require that every person must be given a reasonable opportunity of being heard before any adverse order is passed against them. The Court emphasized that this principle is especially important in cases of departmental inquiries, where the employee’s career and reputation are at stake.
In the case of Suresh Chandra Verma v. Central Government Industrial Tribunal (1985), the Supreme Court held that the principles of natural justice require that the employee must be given a reasonable opportunity to cross-examine the witnesses against them. The Court emphasized that this is essential to ensure that the evidence against the employee is tested and evaluated in a fair and impartial manner.
In the case of Punjab National Bank v. Kunj Behari Misra (1998), the Supreme Court held that the employee must be given a fair opportunity to make a representation against the inquiry report before a decision is taken. The Court emphasized that this is essential to ensure that the employee’s version of the events is taken into consideration before a decision is made.
In the case of State Bank of India v. Raj Kumar (2018), the Supreme Court held that the principles of natural justice require that the employee must be given a copy of the inquiry report before a decision is taken. The Court emphasized that this is essential to ensure that the employee has the opportunity to challenge the findings and conclusions of the inquiry report.
In conclusion, the Supreme Court of India has consistently held that departmental inquiries must be conducted in accordance with the principles of natural justice, and employees must be given a fair opportunity to present their case. The Court has emphasized the importance of giving employees a reasonable opportunity to be heard, to cross-examine witnesses, to make a representation against the inquiry report, and to receive a copy of the inquiry report. These principles ensure that departmental inquiries are conducted in a fair and impartial manner and that the employee’s rights are protected.
