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RAVI NATH TILHARI, NYAPATHY VIJAY
Rajnish Kumar Rai – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.) :
Heard Sri I. H. Syed, learned Senior Counsel, assisted by Sri Malireddy Gowtham, learned counsel for the petitioner and the learned Additional Solicitor General of India, assisted by Sri Josyula Bhaskara Rao, learned counsel for the respondents, through virtual mode.
2. This Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner, challenging the order dated 20.03.2024 in O.A.No.662 of 2023, which has been dismissed by the Central Administrative Tribunal, Hyderabad Bench (‘Central Administrative Tribunal’ in short), as not maintainable.
3. The following is the prayer made in the writ petition:
The court emphasized that jurisdictional issues must be resolved before a tribunal can adjudicate on matters, especially when related proceedings are pending in higher courts.
Jurisdiction of courts except Supreme Court - It is not open for litigant to directly approach the High Court even in cases where vires of statutory legislation is challenged, by overlooking jurisdic....
The decision of a disciplinary authority must be supported by substantial evidence, and failure to do so renders the findings perverse and quashable.
The court upheld the Tribunal's decision to reduce the petitioner's punishment from removal to compulsory retirement, affirming the adherence to procedural rules in disciplinary proceedings.
Disciplinary proceedings must adhere to procedural fairness, including the necessity of evidence and consideration of the employee's defense, to ensure just outcomes.
The court established that disciplinary actions must adhere to principles of natural justice and proportionality, especially when imposing severe penalties like dismissal.
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