IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN, J.
Siddhartha Sar – Appellant
Versus
Life Insurance Corporation of India & Ors. – Respondents
W.P.A No. 16629 of 2012
Decided on : 06-06-2023
Constitution of India,1950 - Article 226 - Show cause notice as issued by the manager (P&IR) of respondent no.1/organization, the final order of punishment as issued by the Sr. Divisional Manager(Disciplinary Authority)Whether enquiry is held by an authority competent in that behalf and according to procedure prescribed in that behalf - Held, This action on the part of the respondent authorities as against the writ petition is not only erroneous but the same shows the arrogant, rancorous and vindictive attitude on the part of the respondent/authorities for which the present writ petitioner has been unnecessarily victimized- As a result instant writ petition succeeds - Consequently charge sheet findings of enquiry officer show cause notice as issued by respondent/authorities as against present writ petitioner and order of punishment as passed by Disciplinary Authority vide its order and confirming order of Appellate Authority and that of Revisional Authority are all hereby quashed and set aside - Writ Petition is Disposed of.
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this writ petition as filed under Article 226 of the Constitution of India, the writ petitioner has challenged the charge sheet dated 22.06.2009 as submitted by the respondent no.4 as against him, the findings of the enquiry officer dated 08.11.2010, the show cause notice dated 12.02.2011 as issued by the manager (P&IR) of respondent no.1/organization, the final order of punishment dated 15.03.2011 as issued by the Sr. Divisional Manager(Disciplinary Authority) of the respondent no.1 and the order of Appellate Authority dated 01.09.2011 as well as the order of the Revisional Authority dated 07.04.2012 of respondent no.1-organization affirming the punishment upon the writ petitioner.
2. Before Enquiry Authority the present writ petitioner being the delinquent has faced the following charges namely:-
II. THAT, you have also given a letter dated 13.04.2009 to Election Office wherein you informed the names of the six employees whose names were not sent to the Election Office. Your sole intention was to put the Sr. Branch Manager in trouble. You are also found to have received a letter dated 17.04.2009 directly from Election Authority addressed to Sr. BM. This is a clear act of indiscipline thereby tarnishing the image of the Corporation.
III. THAT, you were also found to have visited the Election Office several times just to fulfill you desire to get the remaining persons drafted for Election duties. By doing so you have not only violated the CO instructions in this regard but have also connived with an external agency which is detrimental to the interest and image of the Corporation.
IV. THAT, you vide your letter dated 11.04.2009 have requested the Sr. BM to inform the names of the employees whose names have been sent to Election Office. Your giving such letter is unwarranted.
V. THAT, you have contacted Press and informed them about facts which were published in a local daily. As per your statement the Press had got the information initially from the Election Office, and then contacted you, which seems to be unlikely. It was not clear why the Press contacted you. The distorted figures published in the newspaper as also facts which are not real and true, has tarnished the image of the Corporation.
VI. THAT, on 30.05.2009 you had indeed used foul language against Ms. Champa Ganguly, AAO, F&A using the word “DALAL”. The use of any filthy, abusive and insulting language towards a lady officer in an open floor is a gross misconduct on your part.
3. The delinquent/writ petitioner has submitted his statement of defence and thereafter the enquiry proceeding proceeded against him and on conclusion of the same though Charge nos.I and III have not been established but Charge no. II, IV,V and VI as mentioned above have been established as a result whereof the respondent/authorities by its final order dated 15.03.2011 imposed the penalty of reduction of basic pay by two stages in time scale of pay as applicable to him in terms of Regulations 39(1)(d) of Life Insurance Corporation of India (Staff) Regulations, 1960. The said final orders were given effect on and from 16.03.2011 and thereby the writ petitioner’s basic pay was reduced by two stages i.e. from Rs.19,370/-to Rs.17,690/-.
4. Feeling aggrieved with the decisions of the respondent/authorities and the punishment as imposed upon him, the petitioner has filed this writ petition.
B.C. Chaturvedi v. Union of India [(1995) 6 SCC 749 : 1996 SCC (L&S) 80 : (1996) 32 ATC 44]
High Court of Judicature at Bombay -vs-Sashikant S Patil’ reported in (2000) 1 SCC 416
State of A.P. v. S. Sree Rama Rao [AIR 1963 SC 1723 : (1964) 3 SCR 25]
Union of India vs. P. Gunasekaran reported in (2015) 2 SCC 610
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
Disciplinary proceedings initiated by an authority subordinate to the appointing authority do not violate Article 311; the standard for punishment must align with proven misconduct.
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.