The has formally dismissed a filed by M.M. Dhonchak, a former of the (DRT), Chandigarh, who sought to challenge the legality of his prior suspension and subsequent removal from service. In a judgment delivered by the Division Bench, the Court upheld its earlier decision, maintaining that the challenges directed toward the had been rendered by the culmination of and the eventual issuance of a .
The presiding bench, consisting of Justice Vivek Chaudhary and Justice Tejas Karia, underscored that the scope of a
under the
, is strictly confined. According to the bench, the applicant failed to demonstrate any
"
,"
which is the fundamental threshold for such a
. The Court further observed that the petitioner was essentially attempting to reopen the merits of the case, a practice characterized by the judges as an "
" rather than a legitimate review of the previous judgment.
The controversy originated in early 2024, when the in Chandigarh raised multiple complaints against the former , alleging instances of misbehaviour with members of the legal fraternity and the practice of granting inordinately long adjournments. Responding to these allegations, the issued a suspension order on , which was followed by a formal on . This initiated a lengthy sequence of legal challenges across multiple forums, with the officer repeatedly questioning the validity of his suspension and the subsequent extensions ordered by the government.
Throughout the litigation, the former challenged the suspension, the appointment of the , and the failure to enhance his from 50% to 75% of his last-drawn pay. These challenges were consistently met with dismissals in various and subsequent appeals. By the time the present reached the High Court, the disciplinary inquiry had concluded, resulting in the officer's removal from service on . That is now the subject of separate ongoing proceedings before the .
In addressing the petitioner’s claims, the High Court focused on the legal status of an pending disciplinary action. The Court clarified that such measures are strictly temporary, designed to ensure the integrity of the inquiry process. Once the conclude in a final order, the initial suspension loses its independent existence, and its validity ceases to be a primary concern in isolation from the final outcome. The bench articulated this point clearly, noting: “Suspension pending inquiry is an intended to facilitate the unhindered conduct of .”
Regarding the petitioner’s contention that his and specific had been overlooked, the Court clarified that its earlier decision had sufficiently addressed the essential legal issues. The High Court rejected the argument that it was obligated to provide a point-by-point rebuttal of every submission when the primary relief sought had already been rendered by the officer's removal from service. The judgment stated: “The scope of review under is limited. Review lies upon discovery of new and important matter or evidence which, despite due diligence, was not within the applicant’s knowledge or could not be produced when the order was passed, or upon an .”
The High Court further addressed the appellant’s claims concerning the alleged lack of reasons in the original . The bench maintained that the initial judgment provided a sound rationale for the dismissal of the appeal, and the current attempt to re-argue the case through a was impermissible. The Court emphasized: “The present is, therefore, in the nature of an .” By seeking to relitigate issues that had already been , the petitioner failed to meet the required criteria for a review of the previous findings.
Furthermore, the High Court addressed the petitioner’s request for a higher , noting that even if this claim had merit in a different context, the challenge against the extension of the suspension had been rendered futile by the final order of removal. The court observed that the petitioner did not originally seek independent, specific relief regarding the allowance, but rather tied it to his reinstatement as the of the DRT. Consequently, because the overarching challenge to the suspension did not survive the removal, the incidental claim regarding the also failed to provide a ground for relief in the current review.
All outstanding grievances concerning the inquiry report, the truth of the charges levelled, and the procedural integrity of the are currently being considered in the separate challenge pending before the . The Delhi High Court deemed it inappropriate to interfere with these matters, as they would be determined in the appropriate forum where the is being directly contested.
Having found no procedural or jurisdictional defect in the earlier ruling, the dismissed the . The case serves as a reminder of the narrow legal boundaries governing review petitions and the established legal principle that interim administrative measures, such as suspensions, typically become secondary to the final outcome of the underlying disciplinary process. No order for costs was passed in the dismissal of this petition, bringing this specific segment of the litigation to a close.
disciplinary proceedings - service removal