Awadhesh Kumar Prajapati v. The Secretary Department of Education GNCTD & Anr.

1. Present writ petition has been filed seeking direction to Respondent No. 1 to decide the appeal filed by the Petitioner on 29.08.2020, wherein the Petitioner had raised several grievances relating to alleged irregularities committed during the inquiry proceedings initiated against the Petitioner for imposition of major penalty.

2. On advance copy of the writ petition, learned Additional Standing Counsel for Respondents has handed over certain documents, which according to him reflect that pursuant to the appeal preferred by the Petitioner, an Inquiry Committee was constituted to inquire into the alleged irregularities and a decision was taken by the Committee. Copies of the documents have been handed over to the Petitioner who refutes the stand of the Respondents that an inquiry has been conducted into the allegations made by him as nothing has been communicated to him. Neutral Citation Number: 2023/DHC/001733 W.P.(C) 991/2023

3. I have carefully perused the documents handed over in Court by the Respondents. Though the documents do reflect that an initiative was taken to constitute an Inquiry Committee to look into the grievances of the Petitioner, however, a perusal of the document dated 06.10.2022, which is purportedly a Report of the Inquiry Committee shows that the grievances of the Petitioner are completely unredressed. It is also unclear as to what was enquired into and what is the final outcome of the decision. There is some discrepancy in the postal voucher and this prima facie fortifies the stand of the Petitioner that nothing was communicated to him with regard to the appeal filed by him.

4. Since the inquiry proceedings relate to major penalty, it is important that the proceedings are conducted in accordance with Rules of procedure and natural justice. As was rightly said by Lord Hewart in the case of Rex v. Sussex Justices, (1924) 1 KB 256, that ‘Justice must not only be done, but must also be seen to be done’. It is, therefore, imperative that the Respondents look into the grievances ventilated by the Petitioner in the appeal dated 29.08.2020 and take a decision thereon.

5. The decision shall be communicated to the Petitioner within four weeks from today and the Petitioner shall be at liberty to take recourse to remedies available in law, in case of any surviving grievances.

6. Writ petition is accordingly disposed of.

JYOTI SINGH, J MARCH 03, 2023