UGC Approved Journal no 63975(19)
New UGC Peer-Reviewed Rules

ISSN: 2349-5162 | ESTD Year : 2014
Volume 13 | Issue 9 | September 2026

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Volume 13 Issue 9
September-2026
eISSN: 2349-5162

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Published Paper ID:
JETIR2609156


Registration ID:
586027

Page Number

b482-b496

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Title

DEPARTMENTAL PROCEEDINGS AND JUDICIAL REVIEW: A CONCEPTUAL NOTE WITH REFERENCE TO SUPREME COURT JUDGEMENTS

Abstract

Abstract Departmental proceedings, alternatively known as disciplinary proceedings aim at maintaining discipline in an organisation, ensuring administrative efficiency and taking action against breach or negligence or dereliction of duty by employees. Employer takes the role of disciplinary authority and by observing due compliance of applicable service rules and principles of natural justice proceeds with the departmental proceedings which may culminate into inflicting punishment to the charged / delinquent employee for his proved misconduct. Departmental proceedings, being in the nature of quasi-judicial proceedings, necessitate procedural propriety, free from arbitrariness, application of mind, providing opportunity of fair hearing, passing of reasoned order in addition to compliance to legal provisions under applicable service rules and principles of natural justice. Unjustified and illegal administrative order having civil consequences may be appealed against with the appellate authority and in some case may be subjected to judicial review by jurisdictional High Court under Article 226 of the Constitution of India or by the Supreme Court of India under Article 32 of the constitution. Under judicial review the appropriate court is not to appreciate or reappreciate facts or evidence or to evaluate the correctness of the decision taken by the disciplinary authority, rather it is duty bound to be restricted to examine the decision-making process and resultant administrative order in the light of parameters like jurisdictional overreach, procedural propriety, patent illegality, disproportionate punishment etc.

Key Words

Key Words: Departmental Proceedings, Departmental Enquiry, Judicial Review, Principles of Natural Justice

Cite This Article

"DEPARTMENTAL PROCEEDINGS AND JUDICIAL REVIEW: A CONCEPTUAL NOTE WITH REFERENCE TO SUPREME COURT JUDGEMENTS ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.13, Issue 9, page no.b482-b496, September-2026, Available :http://www.jetir.org/papers/JETIR2609156.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"DEPARTMENTAL PROCEEDINGS AND JUDICIAL REVIEW: A CONCEPTUAL NOTE WITH REFERENCE TO SUPREME COURT JUDGEMENTS ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.13, Issue 9, page no. ppb482-b496, September-2026, Available at : http://www.jetir.org/papers/JETIR2609156.pdf

Publication Details

Published Paper ID: JETIR2609156
Registration ID: 586027
Published In: Volume 13 | Issue 9 | Year September-2026
DOI (Digital Object Identifier):
Page No: b482-b496
Country: Paschim Medinipur, West Bengal, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


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