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M. R. SHAH, KRISHNA MURARI
State of Punjab – Appellant
Versus
Nachhattar Singh(dead) Thr. Lr. – Respondent
ORDER
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.07.2017 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 181 of 1992, by which the High Court has allowed the said appeal preferred by the employee and has set aside the punishment imposed by the disciplinary authority withholding four increments, the management/employer has preferred the present appeal.
3. Having heard learned counsel appearing for the respective parties and considering the reasoning given by the High Court, we are of the opinion that as such the impugned judgment and order passed by the High Court in exercise of powers under Section 100 of the Code of Civil Procedure, 1908 is unsustainable.
4. From the impugned judgment and order passed by the High Court, it appears that the High Court has set aside the order passed by the disciplinary authority solely on the ground that some documents were not supplied to the delinquent. However, it is required to be noted that as such there is no finding that non- supply of some documents has resulted into any prejudice caused to the delinquent-employee. Mere non-supply of the document
The judgment established that non-supply of documents, without causing prejudice to the employee, cannot be the sole ground for setting aside a disciplinary authority's order. The Court also emphasiz....
The doctrine of proportionality in service law and administrative law was applied to determine the reasonableness of the punishment imposed.
Violation of Rule 17 of the Bihar C.C.A Rules, 2005 led to the setting aside of the impugned order and remittance of the matter for consideration in accordance with the law.
Violation of procedural rules and failure to consider the petitioner's defence and reply to show-cause led to the setting aside of the impugned order.
The disciplinary and appellate authorities must consider the petitioner's contentions and apply their minds when passing orders. The entitlement to back wages is discretionary and should be determine....
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
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