Hon’ble Delhi High Court has allowed an appeal here on 10-01-2019 stating that the fair trial and natural justice is the legal and Constitutional right of the charged officer.

The above decision was given in the case of Harcharan Singh v. Director of Education & Ors in which hon’ble court declared that even though a person/official is charged with offences he has the right of fair trial and natural justice.

BRIEF FACTS OF THE CASE

The petitioner (Harcharan Singh) was the head clerk in respondent’s school and a complaint was made against him by one Vinay Kumar Yadav that he by using Vinay Kumar’s mobile has sent some SMS to Smt. Bimla Devi, employee of the school. The petitioner denied the allegations and demanded the 5 documents filed against him but only the copy of SMS was provided. The inquiry officer ignored the prosecution witness and given order against the petitioner.

Further, appeal made against this order was also dismissed by the tribunal. Thus, this petition was filed to quash the orders given by Delhi School Tribunal and the disciplinary committee. 

DECISION OF THE SUPREME COURT

Delhi HC held that the fair trial and natural justice is the legal and Constitutional right of the charged officer. The request of the petitioner to provide the documents were ignored and even after the order of inquiry officer, only one document was provided. Further, Material witnesses were also not been examined. The report of expert stated that the petitioner was no where linked to the messages sent to Bimla Devi.

Court held that departmental proceedings against the petitioner is vitiated, malafide, arbitrary and against the principle of natural justice. Thus, the order of the Delhi School Tribunal and the disciplinary committee gets set aside and the petition was allowed with the order of reinstate of the petitioner in the school again.

Read the full Judgement Here-

[embeddoc url=”http://lobis.nic.in/ddir/dhc/SKT/judgement/10-01-2019/SKT10012019CW80302012.pdf”]