RAJNI CHHARI Vs. STATE OF MP

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioner has challenged the order dated 27.5.2004 (Annexure P/4), whereby the petitioners were held to be guilty in some enquiry and accordingly service book warning is recorded against him. Another order dated 27.5.2004 (Annexure P/5) is also called in question whereby the petitioners were inflicted with punishment of stoppage of two increments without cumulative effect.

(2.) SHRI S.K.Sharma, learned counsel for the petitioner, has challenged the said orders on the singular ground. He submits that both the orders are adverse in nature and entails civil consequences. Before passing the said orders petitioners have not been given any opportunity in consonance with the principles of natural justice. He submits that said orders cannot be permitted to stand.

(3.) THE Apex Court has opined as under regarding necessity to observe principles of natural justice:-