In Brief
A clerk suspended in 1994 faced three disciplinary charges: arbitrary installation of electric poles, non-compliance with transfer orders, and acceptance of bribes. Though initially removed, an appellate court set aside the order due to procedural defects, leading to a fresh enquiry in 1999. The High Court later set aside the removal, finding the enquiry unlawful. The Supreme Court upheld the High Court's finding that the enquiry violated procedural safeguards: critical witnesses, including the Tax Collector alleging signature forgery, were never examined; conclusions rested on unsubstantiated suspicion rather than evidence. Though the enquiry was defective, the Court awarded only 50% back wages (not full reinstatement) given the respondent's refusal to participate and his subsequent retirement. Pensionary benefits were to be determined by law.
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