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ROHIT B. DEO, V. V. JOSHI
Diwakar D. Kode – Appellant
Versus
Coal India Limited – Respondent
JUDGMENT/ORDER
ROHIT B.DEO, J. - Heard.
2. Rule. Rule made returnable forthwith. With consent, heard finally.
3. The petitioner is assailing the order dtd. 31/1/2019, passed by the Chairman-cum-Managing Director of Mahanadi Coalfields Limited (Disciplinary Authority) imposing punishment of reduction to lower scale in the time scale for six months with cumulative effect. The Disciplinary Authority found that the petitioner is partially responsible for not initiating action against the successful bidder - Contractor, who did not deposit the performance security and additional performance security. The petitioner was served with the said order while he was posted at the Western Coalfields Limited (WCL) and he preferred appeal provided under the Coal India Limited Executives (Conduct, Discipline and Appeal) Rules, 1978, which the sub-committee of the CIL Board (Appellate Authority) allowed partially vide order dtd. 17/6/2020 by reducing the punishment to "censure", which order is also impugned herein.
4. We may note the factual backdrop of the disciplinary proceedings from which the orders impugned emanate.
The court established that disciplinary actions must be based on clear evidence of misconduct, and that responsibility for contract compliance lies with designated authorities, not subordinate office....
The main legal point established in the judgment is the requirement of jurisdiction for a court to adjudicate a challenge to an order, and the impact of the absence of jurisdiction on the maintainabi....
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
Disciplinary proceedings initiated beyond regulatory time limits and lacking jurisdiction or procedural fairness contravene established norms, warranting quash of show cause notices.
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