https://www.taxtmi.com/caselaws?id=175943 Filing an affidavit by a government servant in judicial proceedings did not, by itself, constitute misconduct under the service rules where no court had found the statement false or improperly motivated; the truth of such evidence lay within the court's exclusive domain, so departmental punishment on that basis was unsustainable. Where the inquiry officer had exonerated the employees and the disciplinary authority proposed to differ and impose a major penalty, natural justice required prior notice of disagreement and an opportunity to respond; absent such notice, the adverse finding and punishment were procedurally invalid. The dismissal order was quashed and reinstatement with consequential benefits was directed. en-us Thu, 07 May 2009 00:00:00 +0530 Wed, 09 Dec 2015 12:15:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175943 Filing an affidavit by a government servant in judicial proceedings did not, by itself, constitute misconduct under the service rules where no court had found the statement false or improperly motivated; the truth of such evidence lay within the court's exclusive domain, so departmental punishment on that basis was unsustainable. Where the inquiry officer had exonerated the employees and the disciplinary authority proposed to differ and impose a major penalty, natural justice required prior notice of disagreement and an opportunity to respond; absent such notice, the adverse finding and punishment were procedurally invalid. The dismissal order was quashed and reinstatement with consequential benefits was directed. Case-Laws Indian Laws Thu, 07 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175943