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Quashing of departmental inquiry

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Service & Labour

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The Supreme Court of India has made several judgments regarding the quashing of departmental inquiries. In general, the Court has held that the power to quash a departmental inquiry should be exercised sparingly, and only in exceptional circumstances such as where the inquiry is found to be vitiated by bias or mala fides, or where the charges are frivolous or vexatious.

In the case of Union of India v. R. S. Bhatnagar (1978), the court held that the High Court should not interfere with a departmental inquiry unless it is satisfied that the inquiry is being conducted mala fide, or that the charges are frivolous or vexatious.

Similarly, in the case of Union of India v. Ashok Kumar (1999), the court held that a departmental inquiry is not liable to be quashed merely on the ground that the charges are not proved or not established, unless it is shown that the inquiry is being conducted mala fide or with the ulterior motive.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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