Disciplinary authority is hearing my appeal even after my objection. A departmental enquiry was initiated against me, and the current appellate authority was disciplinary authority in that time. He had appointed an enquiry officer and initiated disciplinary inquiry against me. I have filed my objection to transfer my appeal to another competent authority, but he did not take any decision on my objection. He is adamant to decide the appeal.
Asked from: Uttar Pradesh
It is against the principle of natural justice. No one should be a judge in their own case. This principles ensure fairness and prevent bias in administrative and judicial action. Disciplinary proceeding is a quasi-judicial proceedings. Hence, the authority is bound to follow the principles of natural justice.
When he was disciplinary authority and punished the delinquent. He later on cannot hear appeal of same punishment order in the capacity of appellate authority. You should file a writ petition in the High Court under Article 226 of Constitution of India for change of appellate authority. It is gross violation of law that same person is hearing appeal of his own order.
Move a writ petition, the high court will definitely direct him to transfer the appeal to another competent authority. If the appeal authority passed any order in your case that order will also be illegal and quashed by the high court. Disciplinary authority is hearing appeal in gross violation of law.