Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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Learned senior counsel next cites a judgment reported at (2009) 12 SCC 78 [Union of India and others vs. Gyan Chand Chattar], for the proposition that an enquiry is to be conducted against any person giving strict adherence to the statutory provisions and principles of natural justice. The charges should be specific, definite and giving details of the incident which formed the basis of charges. No enquiry can be sustained on vague charges. Enquiry has to be conducted fairly, objectively and not subjectively. Finding should not be perverse or unreasonable, nor should the same be based on conjectures and surmises. There is a distinction between proof and suspicion. Every act or omission on the part of the delinquent cannot be misconduct. The authority must record reasons for arriving at the finding of fact in the context of the statute defining misconduct.
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
The Hon’ble Justice Sabyasachi Bhattacharyya
W.P. No. 21498(W) of 2019
Dr. Subhash Chandra Tiwari Vs. West Bengal Medical Council and others
Judgment on : 27.11.2019
