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U. DURGA PRASAD RAO
Y. V. Nagesh – Appellant
Versus
Chairman and Md. , Eastern Power Distribution – Respondent
ORDER :
The petitioner prays for a Writ of Certiorari calling for the records relating to the Memo No.CGH/HRD/DC/PO-III/F.No.525/06.D.No.15/07 dated 10.01.2007 of 2nd respondent rejecting the representation dated 09.08.2006 of the petitioner and the proceedings in Memo No.HRD/DC/PO-III/F.42/02/D.No.2103/04 dated 11.11.2004 of 2nd respondent dismissing the appeal dated 29.07.2004 filed by the petitioner and also the proceedings in Memo No.SE/0/RJY/ADM/U3/D.No.300/04 dated 15.06.2004 of the 3rd respondent directing the petitioner from removal of service as LDC/Revenue Cashier and to declare the aforesaid proceedings as illegal, improper, violative of fundamental rights as guaranteed under Articles 14, 16 and 311 of the Constitution of India and contrary to the Service Rules and Regulations and Government Orders dated 27.10.1977 and M.S.No.98 dated 31.08.2002 and set aside the same and consequently direct the respondents to reinstate the petitioner into service w.e.f. 15.11.2001 with all back wages and consequential benefits and to pass such other orders which the Court deems fit.
2. The factual matrix of the case is thus:
The main legal point established in the judgment is the need for following prescribed procedures and exercising discretion within the bounds of the law in disciplinary proceedings, especially in case....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The judgment establishes the limited scope of judicial review in disciplinary inquiries, emphasizing the need for compliance with natural justice and the distinction between criminal trials and disci....
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