The Chairman of a Major Port Trust retains disciplinary authority over Deputy HoD level posts unless explicitly amended by statutory regulations, and executive instructions cannot supersede established statutory provisions.

JUDGMENT

1. The petitioner in this writ petition dated 24th January 2022 is the Chief Law Officer (under suspension) of Mumbai Port Trust (hereafter the 'MPT', for short). The trigger for this writ petition is 5 (five) disciplinary proceedings initiated against the petitioner by Sri Rajiv Jalota, Chairman of MPT, respondent no.2 and orders passed in connection therewith.

2. The writ petition, as originally instituted, reveals challenge being mounted by the petitioner to 4 (four) charge-sheets dated 20th March 2021 (Exhibit 'D'), 20th September 2021 (Exhibit 'E'), 6th January 2022 (Exhibit 'F') 6th January 2022 (Exhibit 'F1'), inter alia, complaining of lack of competence, authority and jurisdiction of the Chairman, MPT to issue the same. She further complained of the charges being vague making it impossible for her to comprehend what exactly the allegations of misconduct levelled against her are, which she is required to meet. Also, an order dated 8th November 2021 was subjected to challenge whereby a penalty of withholding one increment for a period of 3 (three) years without cumulative effect was imposed on the petitioner. This order was passed by the Chairman, MPT, while taking the disciplinary proceedings initiated vide charge-sheet dated 20th March 2021 (Exhibit 'D'), to its logical conclusion.

3. During the pendency of the writ petition, a fifth charge sheet dated 31st May 2022 (Exhibit 'Z1') was issued against the petitioner by the Chairman, MPT. By amending the writ petition, the petitioner has laid challenge to such charge-sheet as well orders of the Chairman appointing inquiry officer and presenting officer and continuing the period of suspension, on the self-same ground of lack of his competence, authority and jurisdiction to do so.

4. Admittedly, disciplinary proceedings initiated vide the first charge sheet dated 20th March 2021 (Exhibit 'D') has concluded with imposition of penalty of withholding of increment. The other charge sheets are being inquired into. The petitioner's suspension from service is still continuing. Various contentions have been raised by the petitioner in the writ petition in regard to initiation, continuation and conclusion of the disciplinary proceedings (as noted above, only one has been concluded). However, if the petitioner succeeds in the contention that the respondent no.2 as Chairman, MPT has no competence, authority or jurisdiction to issue the charge-sheet(s), the other contentions would not obviously fall for our examination. However, if we hold that the respondent no.2 as Chairman had/has the authority to initiate disciplinary proceedings against the petitioner, we need to also decide whether to leave the petitioner to pursue the departmental remedies first before embarking upon an examination of perceived illegalities in the process of conducting departmental inquiry against her pursuant to the impugned charge-sheets.

5. With this clear understanding, we have heard Mr. Naidu, learned counsel for the petitioner and Mr. Pai, learned counsel for the MPT and its Chairman.

6. Although Mr. Naidu has spared no effort to impress upon us that the respondent no.2 as Chairman could not have issued the charge-sheets against the petitioner in view of the circulars dated 9th July 2020 and 29th December 2020 issued by the Union of India, respondent no.3, we are not impressed; and, for the reasons that follow, we propose to hold that the respondent no.2 as Chairman did not lack the competence, authority and jurisdiction to issue the chargesheets against the petitioner.

7. Since the sheet anchor of Mr. Naidu's contentions are the circulars dated 9th July 2020 and 29th December 2020, it would be profitable to read the same first.

8. What the petitioner refers to as a circular dated 9th July 2020 is, in fact, a communication made to the Chairmen of all Major Port Trusts by the Under Secretary to the Government of India, Ministry of Shipping, reading as follows: -

'Subject: Appointing Authority in respect of