‘No reason to stultify enquiry’: SC disposes of plea against HC order

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harni_boat_capsize, supreme_court, ias_officer vinod_rao, disciplinary action, gujarat_high_court, harni_boat_capsize lawsuit  inquiry, municipal commissioners, HC observations, Indian explicit  newsFourteen radical including 12 students of the New Sunrise School died aft a vessel capsized successful Harni connected January 18. (File Photo)

The Supreme Court precocious disposed of a petition filed by IAS serviceman Vinod Rao challenging the July 3 bid of the Gujarat High Court, which directed the authorities authorities to initiate disciplinary enactment against “the erring” erstwhile Municipal Commissioners of Vadodara successful the January 18 Harni vessel capsize case, stating that “there is nary reason” for the apex tribunal to “stultify” the enquiry.

In its bid dated September 20, the three-judge seat of the Supreme Court, comprising the Chief Justice of India, Justice JB Pardiwala and Justice Manoj Misra, the tribunal disposed of Rao’s petition portion besides clarifying that the serviceman who is appointed to behaviour the disciplinary enquiry should beryllium “uninfluenced” by the observations made by the Gujarat HC successful the said bid of July 3.

The SC bid stated, “In its bid dated July 3, the Division Bench of the High Court has recorded the connection which was made by the Advocate General…that the competent authorization of the State authorities volition initiate disciplinary enactment against the 2 officers who were posted arsenic Municipal Commissioners of the Vadodara Municipal Corporation… we are of the considered presumption that determination is nary crushed for this Court to stultify the enquiry astatine its precise threshold…”

The court, however, said that the observations of the Division Bench of the Gujarat HC should not power the serviceman appointed to behaviour the inquiry.

The SC bid stated, “Since determination are observations successful the impugned bid of the Division Bench, which whitethorn person a bearing connected the merits of the allegations connected the 1 manus and the defence of the petitioner, we clarify that the serviceman who is appointed to behaviour the disciplinary enquiry shall bash truthful uninfluenced by the observations which are contained successful the impugned order.”

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The SC besides stated that it had “kept open” each the rights and remedies for Rao “in the people of the disciplinary inquiry”.

The Gujarat HC Division seat of Chief Justice Sunita Agarwal and Justice Pranav Trivedi, successful the bid dated July 3, had said, “In our tentative opinion, some the Municipal Commissioners posted astatine the applicable constituent of time, are blameworthy of dereliction of work and misuse of their position… The disciplinary action, truthful initiated, shall beryllium brought to its logical decision by adopting owed process of law, and the effect of the aforesaid shall beryllium brought earlier the Court successful the instant petition.”

Fourteen radical including 12 students of the New Sunrise School died aft a vessel capsized successful Harni water connected January 18.

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