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Patna High Court

IndiaversusAmrendra Kumar Ojha

Decided
Disposal
DISPOSED

Holding

A departmental enquiry vitiated by denial of natural‑justice safeguards—specifically non‑supply of charge‑sheet documents and refusal of a defence assistant—necessitates setting aside the punishment and remitting the matter to the disciplinary authority to conduct a fresh enquiry from the point of defect.

Summary

The Patna High Court considered an intra‑court appeal by Life Insurance Corporation of India (LIC) against a judgment that had set aside a disciplinary penalty of two‑stage pay‑scale reduction imposed on employee Amrendra Kumar Ojha. Ojha was charged under LIC Staff Regulations for using derogatory language and alleged misconduct, but he contended that the enquiry was conducted without supplying the charge‑sheet documents and without allowing a defence assistant, violating natural justice. The Single Judge had held these procedural lapses warranted setting aside the punishment and restoring Ojha’s pay. On appeal, the Court examined whether such violations require merely setting aside the order or also remanding the matter for a fresh enquiry, and referred to Supreme Court precedents on the effect of procedural defects in departmental enquiries. Concluding that the enquiry was vitiated, the Court set aside the impugned orders, remitted the case to the disciplinary authority for a fresh enquiry with proper document supply and defence‑assistant assistance, and directed completion within six months. The appeal was allowed in part.

Issues considered

  • Whether the non‑supply of charge‑sheet documents and denial of a defence assistant violated the principles of natural justice in a departmental enquiry.
  • Whether such violation warrants setting aside the disciplinary punishment and the appellate order.
  • Whether the appropriate remedy is reinstatement with back wages or remand to the disciplinary authority for a fresh enquiry.
  • Whether the disciplinary authority had jurisdiction and competence to impose the pay‑scale reduction.

Subjects

  • departmental enquiry
  • natural justice
  • defence assistant
  • disciplinary proceedings
  • pay scale reduction
  • remand
  • reinstatement
  • LIC
  • procedural fairness
  • punishment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.839 of 2025
                                         In
                   Civil Writ Jurisdiction Case No.3344 of 2018
     ======================================================
1.    The Life Insurance Corporation of India through its Chairman, Life
      Insurance Corporation of India, Central Office Yogakshema, Jeevan Bima
      Marg, Mumbai- 400021.
2.   The Chairman, Life Insurance Corporation of India, through its Chairman,
     Life Insurance Corporation of India, Central Office Yogakshema, Jeevan
     Bima Marg, Mumbai- 400021.
3.   The Zonal Manager, Life Insurance Corporation of India, East Central Zone,
     Jeevan Deep (5th Floor), Exhibition Road, Patna- 800001.
4.   The Chief (PER-ER), Life Insurance Corporation of India, Central Office
     Yogakshema, Jeevan Bima Marg, Mumbai- 400021.
5.   The Senior Divisional Manager, Life Insurance Corporation of India, Patna
     Divisional Office- 1, Jeevan Prakash, Fraser Road, Patna- 800001.
6.   The Manager (P and IR), Life Insurance Corporation Of India, Patna
     Divisional Office- 1, Jeevan Prakash, Fraser Road, Patna - 800001.
7.    The then Manager (CRM) and Enquiry Office, vide Chargesheet dated
      15.03.2014, Life Insurance Corporation of India, Patna Divisional Office - 1,
      Jeevan Prakash, Fraser Road, Patna - 800001.
                                                                  ... ... Appellant/s
                                        Versus
     Amrendra Kumar Ojha S/o- Late Hariganesh Ojha, Resident of -A/51,
     Sachivalay Colony, P.O.- Lohianagar, P.S.- Kankarbagh, District- Patna -
     800020.
                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :       Mr. Abhimanyu Vatsa, Adv.
                                    Mr. Rakesh Kumar, Adv.
                                    Mr. Sameer Sawarn, Adv.
                                    Mr. Rajnikant Singh, Adv.
     For the Respondent/s   :       Mr. Amrendra Kumar Ojha (In Person)
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     CAV JUDGMENT
     (Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

      Date : 24-04-2026
                We have heard Mr. Abhimanyu Vatsa, learned counsel

      appearing on behalf of the Life Insurance Corporation of India

      and Others and the respondent, Mr. Amrendra Kumar Ojha (In

      Person).
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                      2. The present intra-court appeal under Clause 10 of

         the Letters Patent Appeal has been preferred challenging the

         order/judgment dated 04.07.2025 passed by a learned Single

         Judge of this Court in CWJC No. 3344 of 2018, whereby and

         whereunder the impugned order of the disciplinary authority,

         inflicting the petitioner with the penalty of “Reductions by two

         stages in the time scale of pay applicable to his cadre” as

         directed under order dated 07.04.2015 as well as the appellate

         order dated 14.12.2015 have been set aside. The respondents are

         further directed to restore the petitioner’s scale of pay and

         extend difference of pay from time to time after calculating the

         same within a stipulated period.

                      3. The facts, in brief, which led to the filing of the

         present appeal are that the writ petitioner while working as a

         Stenographer in the office of the Sales Training Centre of Life

         India Corporation (hereinafter referred to as LIC), was subjected

         to an enquiry which led to issuance of a memo of charge dated

         15.03.2014 under Regulation No. 39(2) of Life Insurance

         Corporation of India (Staff) Regulation, 1960. The writ

         petitioner, in sum and substance, was allegedly found involved

         in showing utter disregard to his seniors by using derogatory

         language in his letters, besides he levelled serious allegations

         against them without any valid reason by using offensive
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         language and even threatened the authorities of lodging a

         criminal case. The language of the petitioner was not found to be

         conducive and in utter disregard to the office discipline, thus the

         petitioner is said to have acted in a manner prejudicial to good

         conduct and detrimental to the interest of Corporation, thereby

         violating the provisions of Regulation 21 and 24 read with

         Regulation 39(1) of the Life Insurance Corporation of India

         (Staff) Regulation, 1960.

                      4. Upon receipt of the memo of charge, the petitioner

         has filed his representation stating therein that he is unable to

         file his reply in absence of the documents as referred in the

         memo of charge, based upon which the LIC proposes to prove

         the charges. Besides the aforesaid documents, the petitioner has

         also requested to furnish other documents. On receipt of the

         letter of the petitioner, the Corporation under its letter dated

         09.05.2014, stated that any document pertaining to the charges,

         shall be furnished to the petitioner during the course of enquiry

         and he would also be provided reasonable opportunities for

         cross-examination of the witnesses. Subsequent thereto, one Sri

         Saurav Kumar Pandey, Manager (CRM) and Sri Manoj Kumar,

         AO (PNGS) Divisional Office, Patna were appointed as an

         Enquiry Officer and Presenting Officer, respectively. The

         Enquiry Officer directed the petitioner to ensure his presence
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         and also advised to apply for Defence Assistant before the

         Disciplinary Authority, with consent of such employee, for his

         assistance in the proceeding. On receipt of the said letter, the

         petitioner made a response to the Enquiry Officer with a request

         to defer further hearing, till disposal of an appeal filed before the

         General Manager under Regulation 47(1)(b) of Life Insurance

         Corporation of India (Staff) Regulation, 1960. The Enquiry

         Officer did not accede to his prayer and issued a further letter

         directing him to ensure his appearance, failing which it was

         made clear that an ex-parte enquiry shall be conducted.

                      5. The writ petitioner filed another representation

         before the Senior Divisional Manager, requesting therein to

         approve the name of Sri Binay Kumar Sinha, Internal Audit

         Assistant, Internal Audit Department, Patna Centre as an

         Assisting Employee/ Defence Assistant to place the petitioner’s

         case in the disciplinary proceeding. The request of the petitioner

         for appointing Sri Binay Kumar Sinha as Assistant Employee

         came to be rejected. The Presenting Officer was asked to furnish

         his report and submissions. After hearing the Presenting Officer,

         the Enquiry Officer asked the petitioner to defend the charges

         levelled against him. The petitioner requested to the Enquiry

         Officer that his request for the approval of Defence Assistant is

         pending before the Senior Divisional Manager-cum-Disciplinary
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         Authority, therefore he prayed to fix the matter after getting

         approval of the Defence Assistant. The Enquiry Officer

         concluded the Enquiry and gave a finding that all the charges

         levelled in the memo of charge stand proved. Consequently,

         second show-cause notice was issued on 09.02.2015 alongwith

         the report of the Enquiry Officer. The show-cause notice as well

         as the enquiry report were put to challenge before this Court in

         CWJC No. 4977 of 2015, which came to be disposed off on

         02.04.2015 directing the petitioner to take all the contentions

         raised in CWJC No. 4977 of 2015 before the Disciplinary

         Authority.

                      6. In pursuant thereof, the petitioner filed his reply to

         the second show-cause, bringing on record the entire facts.

         However, it did not satisfy the Disciplinary Authority, who

         proceeded to impose the penalty on 07.04.2015, inflicting the

         punishment of “Reductions by two stages in the time scale of

         pay applicable to his cadre” in terms of Regulation 39(1)(d) of

         Life Insurance Corporation of India (Staff) Regulation, 1960.

         Aggrieved, the writ petitioner preferred an appeal before the

         Appellate Authority on 11.05.2015 which also stood dismissed

         and the order of the punishment passed by the Disciplinary

         Authority was confirmed vide order dated 14.12.2015. The

         afore-noted order of punishment passed by the Disciplinary
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         Authority as well as order of the Appellate Authority affirming

         the punishment, were questioned in CWJC No. 3344 of 2018

         before this Court.

                      7. The writ petitioner, Amrendra Kumar Ojha (In

         Person), while challenging the impugned order has submitted

         that no opportunity was provided to him. The documents to be

         relied by the Presenting Officer on behalf of LIC at the time of

         issuance of Article of Charges have never been served,

         resultantly, he has been denied in submission of effective reply.

         Moreover, despite the assurance given by the Disciplinary

         Authority that the petitioner would be provided necessary

         documents during enquiry and he would be allowed to cross-

         examine the witnesses, the same have never been provided.

                      8. On the other hand, the Enquiry Officer proceeded

         and proved the charges in a most arbitrary manner. The

         assistance of Defence Assistant, Binay Kumar Sinha, who was a

         co-employee as sought for by the petitioner, was also refused in

         contrary to the circular dated 14.07.1979. It was the specific

         contention of the writ petitioner that without Defence Assistant,

         the Enquiry Officer has conducted the enquiry and concluded

         the same. The Disciplinary Authority to the petitioner was

         Principal and not the Divisional Manager, nonetheless the entire

         action has been taken by the Divisional Manager.
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                      9. The contention of the petitioner was vehemently

         refuted by the respondent authorities of the LIC and submitted

         that the documents have been duly supplied during the course of

         enquiry. Moreover, the Defence Assistant could be provided

         only within the division, where the delinquent was working,

         whereas Mr. Binay Kumar Sinha was not working within such

         division, therefore the contention of the petitioner is said to be

         not tenable. Further the Divisional Manager is superior to the

         Principal and therefore he was the competent authority to inflict

         the punishment. There was no infirmity in respect of competent

         authority to initiate and conclude the Departmental Enquiry.

                      10. The learned Single Judge, having heard the

         parties, has come to the conclusion that non-supply of

         documents is in complete violation of the principles of natural

         justice and it was the bounden duty of the Disciplinary Authority

         to provide list of documents in support of the charges. It is also

         observed that denial of engaging Defence Assistant to present

         petitioner’s case before the Enquiry Officer is in gross violation

         of the principles of natural justice. Finally the learned Single

         Judge placing reliance upon various decisions of the Hon’ble

         Supreme        Court      that    denial     of   relevant   documents   in

         Departmental Enquiry vitiates the enquiry, concluded that the

         petitioner has not been provided ample opportunity, in complete
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         violation of natural justice and accordingly set aside the

         impugned orders of the Disciplinary Authority as well as

         Appellate       Authority       dated        07.04.2015   and   14.12.2015,

         respectively. The respondents are further directed to restore the

         petitioner’s scale of pay and extend difference of pay from time

         to time, after calculating the same within a period of three

         months vide order dated 04.07.2025.

                      11. Mr. Abhimanyu Vatsa, learned Advocate for the

         appellant submits that the writ petitioner-respondent herein, is in

         a habit of doing misconduct and violating the provisions of Life

         Insurance Corporation of India (Staff) Regulation, 1960 by

         misusing and abusing his position as elected General Secretary

         of LIC of India Employees Association. The charge memo dated

         15.03.2014 was issued for specific offences and the petitioner

         was given every opportunity to defend his case and after

         affording every opportunity and conducting proper enquiry, the

         charges against the writ petitioner were proved and the order of

         punishment was passed. The writ petitioner was all along

         assured in response to his letters that he was provided all the

         documents referred to in the memo of charge and; furthermore

         when the writ petitioner appeared in the proceeding, the

         documents referred to in the chargesheet were made available

         for inspection, but he refused to make any comment on the same
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         or filed any defence.

                      12. In so far as the claim of the writ petitioner

         regarding Defence Assistant is concerned, he was clearly

         communicated that he can avail the services of any co-employee

         who is posted at the venue of the enquiry, under the jurisdiction

         of Divisional Office-1, LIC of India. The name proposed by the

         writ petitioner was rejected for the reason that he was not posted

         under      Divisional       Office-1.        The   learned   Single   Judge

         misinterpreted the 1979 Circular of LIC in holding that any co-

         employee, regardless of location, could act as a defence

         assistant, irrespective of the fact the circular clearly vests

         discretion with the Disciplinary Authority to approve such

         request. The enquiry and the orders passed by the Disciplinary

         and Appellate Authority were not vitiated by any procedural

         irregularity and the findings were supported by evidence, is the

         contention for learned Advocate for the appellant.

                      13. It is lastly contended that if, in the opinion of the

         learned Single Judge, the disciplinary proceeding stood vitiated

         on account of technical ground of non-compliance of principles

         of natural justice, then the matter would have been remanded

         back to the Disciplinary Authority to initiate a fresh proceeding

         with effect from the stage when the defect has been found.

         Referring to a Division Bench decision dated 11.08.2025 passed
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         in Letters Patent Appeal No. 83 of 2020. It is submitted that the

         learned Division Bench, of which the learned Single Judge was

         also a part to the decision, has duly observed that on technicality

         if penalty order is set aside by judicial forum, in the event, the

         matter is required to be remanded to the Disciplinary Authority

         to commence a fresh enquiry from the defective stage. However,

         in the case at hand, despite the learned Single Judge having

         observed that there is non-compliance of principles of natural

         justice and thus the impugned orders are vulnerable to

         challenge, while setting aside the orders directed to restore the

         petitioner’s scale of pay and extend difference of pay from time

         to time, without remitting the matter back to the Disciplinary

         Authority to proceed afresh. Reliance has also been placed on a

         decision rendered by the Constitution Bench of the Hon’ble

         Apex Court in the case of Managing Director, ECIL,

         Hyderabad & Ors. vs. B. Karunakar & Ors., (1993) 4 SCC

         727; Chairman-cum-Managing Director, Coal India Limited

         & Ors. vs. Ananta Saha & Ors., (2011) 5 SCC 142; Chairman,

         Life Insurance Corporation of                India & Ors. vs. A.

         Masilamani, (2013) 6 SCC 530; as also a recent decision of the

         Hon’ble Supreme Court in the case of National Bal Bhavan &

         Anr. vs. Khajan Chand & Ors., Civil Appeal No. 4216 of 2026.

                      14. Per contra, Mr. Amrendra Kumar Ojha (In-
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         person), dispelling the afore-noted contentions submitted that

         the Hon’ble Single Judge in his finding has recorded that the

         documents whereupon charges are based have not been supplied

         to him, in spite of such demand to rebut the charges levelled

         against him. Supply thereof was mandatorily required as per

         disciplinary rules; in absence thereof, the writ petitioner-

         respondent herein, has been deprived from adequate opportunity

         of hearing; in such circumstances the order which is under

         challenge suffers from no infirmity and is absolutely correct and,

         as such, the appeal is liable to be dismissed. The non-

         consideration of the request of the writ petitioner to adjourn the

         enquiry proceeding till the Defence Assistant is provided

         alongwith the necessary documents could cause serious

         prejudice to his right and entitlement. The Enquiry Officer as

         well as Disciplinary Authority proceeded in their own way and

         inflicted the punishment in a most arbitrary manner and, as such,

         the learned Single Judge has rightly set aside the orders of

         punishment as well as appellate order.

                      15. This Court has extensively heard the learned

         Advocate for the appellant as well as Mr. Amrendra Kumar Ojha

         (In Person). Before coming to the merit of the case as to whether

         the order of punishment as well as the appellate order is

         sustainable in law, in the opinion of this Court, the seminal
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         question as posed before this Court is as to whether when the

         order of the punishment stands set aside on account of technical

         reason or on account of the violation of the principles of natural

         justice, the matter ought not to be remanded to the Disciplinary

         Authority to proceed afresh or not?

                      16. To answer the above referred question, we

         recapitulate the facts and the order of the learned Single Judge

         which clearly manifest that the writ petitioner was subjected to a

         departmental        proceeding,        which   led   to   punishment   of

         “Reduction by two stages in the time scale of pay applicable

         to his cadre”. The order of punishment was questioned before

         the learned Single Judge on the ground of the same being in

         complete derogation and violation of the principles of natural

         justice, due to non-supply of the necessary documents based

         upon which the charges were to be proved as well as the writ

         petitioner was not provided the Defence Assistant to defend his

         case in the disciplinary proceeding. The learned Single Judge on

         being found that the petitioner has not been provided ample

         opportunity in the proceeding, in violation of the principles of

         natural justice, accordingly set aside the impugned orders of

         punishment as well as appellate order, noted hereinabove.

                      17. Coming to the seminal legal issue, as to whether

         when the order of punishment stands set aside on account of
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         technical reason or on account of the violation of the principles

         of natural justice, the matter ought not to be remanded to

         Disciplinary Authority to proceed afresh or not, we gainfully

         refer the decision rendered in the case of B. Karunakar (supra).

                      18. The Hon’ble Constitution Bench in the case of B.

         Karunakar (supra) while answering the question as to what

         would be the effect on the order of punishment when the report

         of enquiry officer is not furnished to the employee and what

         relief should be granted to him in such case, has ruled as

         follows:-

                                           “30.[v]……..The answer to this question
                                           has to be relative to the punishment
                                           awarded. When the employee is dismissed
                                           or removed from service and the inquiry
                                           is set aside because the report is not
                                           furnished to him, in some cases the non-
                                           furnishing of the report may have
                                           prejudiced him gravely while in other
                                           cases it may have made no difference to
                                           the ultimate punishment awarded to him.
                                           Hence to direct reinstatement of the
                                           employee with back-wages in all cases is
                                           to reduce the rules of justice to a
                                           mechanical ritual. The theory of
                                           reasonable opportunity and the principles
                                           of natural justice have been evolved to
                                           uphold the rule of law and to assist the
                                           individual to vindicate his just rights.
                                           They are not incantations to be invoked
                                           nor rites to be performed on all and
                                           sundry occasions. Whether in fact,
                                           prejudice has been caused to the
                                           employee or not on account of the denial
                                           to him of the report, has to be considered
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                                           on the facts and circumstances of each
                                           case.
                                           31. ……..The Court/Tribunal should not
                                           mechanically set aside the order of
                                           punishment on the ground that the report
                                           was not furnished as is regrettably being
                                           done at present. The courts should avoid
                                           resorting to short cuts. Since it is the
                                           Courts/Tribunals which will apply their
                                           judicial mind to the question and give
                                           their reasons for setting aside or not
                                           setting aside the order of punishment,
                                           (and not any internal appellate or
                                           revisional authority), there would be
                                           neither a breach of the principles of
                                           natural justice nor a denial of the
                                           reasonable opportunity. It is only if the
                                           Court/Tribunal finds that the furnishing
                                           of the report would have made a
                                           difference to the result in the case that it
                                           should set aside the order of punishment.
                                           Where after following the above
                                           procedure, the Court/Tribunal sets aside
                                           the order of punishment, the proper relief
                                           that should be granted is to direct
                                           reinstatement of the employee with liberty
                                           to the authority/management to proceed
                                           with the inquiry, by placing the employee
                                           under suspension and continuing the
                                           inquiry from the stage of furnishing him
                                           with the report. The question whether the
                                           employee would be entitled to the back-
                                           wages and other benefits from the date of
                                           his dismissal to the date of his
                                           reinstatement if ultimately ordered,
                                           should invariably be left to be decided by
                                           the authority concerned according to law,
                                           after the culmination of the proceedings
                                           and depending on the final outcome. If
                                           the employee succeeds in the fresh
                                           inquiry and is directed to be reinstated,
                                           the authority should be at liberty to
                                           decide according to law how it will treat
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                                           the period from the date of dismissal till
                                           the reinstatement and to what benefits, if
                                           any and the extent of the benefits, he will
                                           be entitled. The reinstatement made as a
                                           result of the setting aside of the inquiry
                                           for failure to furnish the report, should be
                                           treated as a reinstatement for the purpose
                                           of holding the fresh inquiry from the
                                           stage of furnishing the report and no
                                           more, where such fresh inquiry is held.
                                           That will also be the correct position in
                                           law.”

                      19. It would also be apposite to refer the case of

         Union of India vs. Y.S. Sadhu, Ex-Inspector, (2008) 12 SCC 30

         where the Court while examining the issue as to whether when

         the Departmental Enquiry conducted against respondent was

         found defective, inasmuch as, witnesses examined earlier were

         not produced for cross-examination, held that there could not be

         an automatic reinstatement after setting aside the order of

         punishment.

                      20. The Hon’ble Supreme Court answering the

         question afore-noted following the law laid down in the case of

         B. Karunakar (supra) as well as Hiran Mayee Bhattacharyya

         vs. S.M. School for Girls & Ors., (2002) 10 SCC 293 has ruled

         that the course adopted in the two cases above is to be followed.

         There shall not be any reinstatement, but the proceeding shall

         continue from the stage where it stood before the alleged

         vulnerability surfaced.
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                      21. Similarly, in the case of A. Masilamani (supra),

         the Court reiterated the aforesaid proposition of law and

         underscored that it is a settled legal proposition that once the

         Court sets aside an order of punishment, on the ground that the

         enquiry was not properly conducted, the Court cannot reinstate

         the employee. It must remit the case concerned to the

         Disciplinary Authority for it to conduct the enquiry from the

         point that it stood vitiated and conclude the same.

                      22. It would also be worth benefiting to refer a

         decision rendered by the Hon’ble Supreme Court in the case of

         State of Uttar Pradesh vs. Ranjit Singh (2022) 15 SCC 254,

         wherein a junior engineer on being aggrieved with the order of

         punishment passed by a Disciplinary Authority, challenged the

         same before a Tribunal. The order of punishment was set aside

         by the Tribunal and the High Court has also refused to interfere

         with the order passed by the Tribunal. The State has

         unsuccessfully challenged such orders and also filed review and

         finally approached the Hon’ble Supreme Court. The Hon’ble

         Supreme Court while setting aside the order of the Tribunal as

         well as the High Court, has observed that where it is found that

         enquiry was not conducted properly and/or same was held to be

         in violation of principles of natural justice, Court cannot

         reinstate employee and, as such, matter must be remanded to
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         Enquiry Officer or the Disciplinary Authority to proceed further

         with enquiry from stage, when violation of principle was

         noticed. The Court noted that since in the case at hand, the

         documents mentioned in the charge-sheet were not supplied to

         delinquent officer and thus, it is clearly in breach of principles of

         natural justice and, as such, the matter ought to be remanded to

         Disciplinary Authority to conduct fresh enquiry after issuance of

         fresh charge-sheet and furnishing all necessary documents by

         following the due principles of natural justice.

                      23. Recently, the Hon'ble Supreme Court has also

         echoed a similar view in the case of Khazan Chand (Supra)

         where it has revived the disciplinary proceeding from the stage

         of consideration of enquiry report by the disciplinary authority.

         Here, the Hon'ble Apex Court, while setting aside of the

         dismissal order arising from such disciplinary proceeding where

         the disciplinary authority was repeatedly alleged of bias by the

         delinquent employee, based on its prior adversarial conduct,

         held that such a defect in the process, rather than being

         substantive, is in fact procedural. Recognizing the fact that

         decision making process need to be insulated from prejudice and

         charges needed a proper enquiry from an impartial authority, the

         disciplinary authority, who now is a new person, was directed to

         consider the report independently; the court directed so without
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         entering into the merits of the matter.

                      24. Once from the materials available on record, it is

         manifest that the impugned order of punishment passed by the

         Disciplinary Authority has been set aside, on being vitiated due

         to non-compliance of the principles of natural justice, inasmuch

         as, the petitioner has not been allowed the copy of necessary

         documents basing upon which the charges were to be proved,

         we found it difficult to accept the order of the learned Single

         Judge to the extent whereby the respondents, appellants herein,

         were directed to restore the petitioner’s scale of pay and extend

         difference of pay from time to time after calculating the same

         within a stipulated period. Since the impugned order of the

         punishment as well as the appellate order have been set aside on

         account of technical ground and in violation of the principles of

         natural justice, we also hereby adopt the principle enunciated by

         the Hon’ble Supreme Court in the above referred cases.

                      25. Accordingly, we set aside the order under

         challenge dated 04.07.2025 to the extent whereby while

         allowing the writ petition, the respondents are directed to restore

         the petitioners scale of pay and extend difference of pay from

         time to time. However, as the enquiry is found to be vitiated and

         held to be in violation of the principles of natural justice, as it

         appears that the necessary documents mentioned in the charge-
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                      sheet were not supplied to the delinquent officer, this Court

                      hereby remands the matter to the Disciplinary Authority to

                      conduct a fresh enquiry from the stage it stood vitiated, i.e. after

                      the issuance of the charge-sheet and to proceed further with the

                      enquiry after furnishing all the necessary documents and to

                      provide the assistance of Defence Assistant, in terms with the

                      Life Insurance Corporation of India (Staff) Regulation, 1960,

                      after following due principles of natural justice.

                                   26. Since the departmental proceeding against the

                      petitioner was initiated long back, it is expected that the

                      aforesaid exercise shall be completed within a period of six

                      months from today.

                                   27. The present appeal is allowed to the extent afore-

                      noted.




                                                                           (Harish Kumar, J)


                      (Sangam Kumar Sahoo, CJ): I agree.



                                                                   (Sangam Kumar Sahoo, CJ)
supratim/-
AFR/NAFR                    NAFR
CAV DATE                    15.04.2026
Uploading Date              24.04.2026
Transmission Date           NA


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