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SHAMPA DUTT (PAUL)
B. P. Samantaray – Appellant
Versus
Board Of Trustees, Kolkata Port Trust – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present writ petition has been preferred praying for quashing of the entire disciplinary proceedings including the show cause notice dated 26.07.2007 and not to give further effect to the said notice.
2. By the said notice dated 26.07.2007 the Deputy Chairman and disciplinary authority on considering the enquiry report submitted by Sri D. K. Roy, Enquiring Officer did not agree with the findings of the Enquiring Officer on the second charge. The said disciplinary authority held as follows:-
ii) Such contract for manual chlorination was made w.e.f. 8.6.02 initially for a period of one year and subsequently extended for another year.
iii) The charged Officer raised a proposal dated 22.3.04 in anticipation that finalization of fresh tender would require time.
iv) Meanwhile the charged Officer proposed to extend the existing chlorination contract with the existing firm on existing terms and conditions for a period of two months.
v) The charged officer placed repeat order with the same firm on 13.7.04
Disciplinary authority's findings must be based on evidence; failure to adhere to natural justice principles renders proceedings void.
Judicial review in disciplinary matters is limited; courts defer to disciplinary authorities unless findings are perverse or unsupported by evidence.
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The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
(1) Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the ....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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