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SACHIN SHANKAR MAGADUM
Yogananda A. , S/o. Appu Shetty – Appellant
Versus
Visvesvaraya Techonological University, Represented by its Vice Chancellor – Respondent
Headnote: Read headnote
ORDER :
The case at hand pertains to disciplinary action taken against the petitioner herein by the Governing Council resulting in recommendation for petitioner’s compulsory retirement and consequently, respondent No.3-Registrar who is the Disciplinary Authority has issued a second show cause notice indicating inflicting of penalty thereby raising concern regarding procedural irregularities and potential violation of Article 311(1) of the Constitution of India. It is in this background, petitioner in the captioned petition has assailed the impugned order of penalty of compulsory retirement passed by the respondent No.2 as per Annexure-A.
2. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
3. Before I advert to the case on hand, it would be useful for this Court to refer to the recommendation made by the Governing Council as per Annexure-S. Resolution 9.5 reads as under :
The central legal point established is the requirement for an impartial and independent Disciplinary Authority in disciplinary proceedings, ensuring procedural fairness and upholding the principles o....
Disciplinary authorities must act independently, and reliance on external recommendations can violate principles of natural justice, leading to invalid proceedings.
The main legal point established in the judgment is the requirement for disciplinary authorities to follow the necessary procedure and principles of natural justice, as mandated by the disciplinary r....
The main legal point established in the judgment is that a disciplinary authority, such as the Executive Council, exercises quasi-judicial function and lacks the authority to review its own decision ....
The main legal point established in the given judgment is that the power of judicial review discharged by the High Court under Article 226 is distinct from the Appellate power exercised by a Departme....
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
The legal heirs of a deceased delinquent employee are entitled to prosecute the proceedings, and the President of India is the disciplinary authority for group-A posts, with no right of appeal availa....
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