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HARISH TANDON, PRASENJIT BISWAS
Alok Kumar Khan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Though the substantial relief has been granted to the petitioner by the Tribunal, yet the petitioner approached this Court by filing a writ petition challenging the portion of the impugned order by which the matter was relegated to the disciplinary authority for reconsideration and to take a final decision upon observing the principles of natural justice.
2. The petitioner construed the aforesaid direction prejudicial to his interest, as the authority shall be swayed by the aforesaid observations to the extent that the penalty to the extent of suspension of 50% of the pension permanently has been upheld or uninterfered with.
3. Indubitably, the disciplinary proceeding was initiated against the petitioner for the alleged misconduct and ultimately the enquiry officer opined that the petitioner should be deprived from getting any pension. However, the Public Service Commission recommended to withhold 10% of the pension for a period of one year. Subsequently the aforesaid recommendation was forwarded to the disciplinary authority, which disagreed with the quantum of punishment proposed to be inflicted upon the petitioner and remitted the matter to the Public Service Commission
Courts emphasize the importance of reasoned and speaking orders, and the need for tribunals to consider and address the grounds raised by the parties.
The court established that non-compliance with procedural requirements, particularly the supply of relevant documents, violates natural justice and invalidates disciplinary actions.
Judicial review under Article 226 limited to natural justice violations or perversity; promotion denial during penalty is consequence, not double punishment.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
The principles of natural justice must be upheld in disciplinary proceedings, and reliance on improper external influences can invalidate decisions made by disciplinary authorities.
(1) Appeal by Special Leave – Scope of – Issuing limited notice at stage of admission does not bar Constitutional Court having inherent powers to pass such orders as justice of case before it demands....
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