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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
S. Janaki Iyer – Appellant
Versus
Union Of India – Respondent
Key Points: - The standard of proof in departmental proceedings is preponderance of probability, not beyond reasonable doubt. (!) - The principles of natural justice require hearing, lack of bias, and reasoned decision; non-supply of certain documents (e.g., Preliminary Inquiry Report) did not prejudice the appellant under the specific facts. (!) (!) (!) - The disciplinary process complied with Rule 15(2) CCS (CCA) Rules, including forwarding the inquiry report and providing an opportunity for representation; the appellant was the sole beneficiary of the fake transfer order. (!) (!) (!) - The transfer order dated 01.10.1991 was found fake, with admissible evidence including denial of signature by the author, establishing misconduct by preponderance of probability. (!) (!) - The appellate court upheld the CAT and High Court decisions, affirming dismissal of the appeal and absence of prejudice or violation of statutory rules. (!) (!) (!)
| Table of Content |
|---|
| 1. appellant's dismissal upheld by prior rulings. (Para 1 , 16) |
| 2. claims of violation of natural justice. (Para 2 , 3 , 4 , 5 , 6 , 30) |
| 3. background of appellant's employment and transfer. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's reasoning regarding charges and inquiry process. (Para 18 , 19 , 23 , 25 , 26) |
| 5. evidence must meet preponderance standard in inquiries. (Para 20 , 29) |
| 6. principles of natural justice and statutory compliance. (Para 21 , 24 , 27) |
| 7. no violation of statutory rules found. (Para 32) |
| 8. final dismissal of the appeal. (Para 33 , 34 , 35) |
JUDGMENT :
(Augustine George Masih, J.)
1. The challenge in this appeal is to the judgment dated 24.07.2018 passed by the Division Bench of the Bombay High Court upholding the judgment and order dated 29.09.2004 and 23.02.2005 passed by the Central Administrative Tribunal (“CAT”) in the original application and the review petition respectively, whereby the order of dismissal from service of the Appellant was sustained.
2. The primary ground taken for challenge to the Order of the Tribunal as well as the High Court is that Courts failed to appreciate the violation of the principles of natural justice, which we
Procedural integrity and adherence to natural justice in disciplinary inquiries allow dismissal when misconduct, evidenced by preponderance of probability, is established without causing prejudice to....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
Non-supply of inquiry report violates natural justice but is cured by subsequent supply with penalty order if no prejudice shown; criminal acquittal on technical grounds does not bind disciplinary pr....
Disciplinary proceedings against government employees must adhere to procedural rules and principles of natural justice; failure to do so, especially with unexplained delays, renders the inquiry inva....
The main legal point established in the judgment is the importance of granting reasonable opportunity of hearing to the employee in a disciplinary proceeding and the need for compliance with the CCS ....
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