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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Narayan Chandra Ghosh – Appellant
Versus
Food Corporation of India – Respondent
| Table of Content |
|---|
| 1. challenge to disciplinary actions and writs. (Para 1) |
| 2. importance of procedural adherence in disciplinary proceedings. (Para 2 , 6) |
| 3. details of charges and disciplinary actions against petitioner. (Para 3 , 4 , 7) |
| 4. petitioner's arguments against the disciplinary proceedings. (Para 8 , 9 , 10 , 11 , 12) |
| 5. respondents' defense and outline of duties. (Para 13 , 14 , 15) |
| 6. judicial review standards in disciplinary cases. (Para 18 , 19 , 20 , 21 , 22 , 24) |
| 7. lack of evidence supporting disciplinary findings. (Para 23) |
| 8. quashing of disciplinary orders. (Para 26) |
| 9. orders for restoring benefits and pension. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The present writ petition has been preferred to assail the legality, propriety, and sustainability of the charge-sheet dated 18th April, 2021; the final order of punishment dated 12th July, 2012; the order passed by the Appellate Authority on 9th May, 2017, as subsequently amended by a corrigendum dated 24th May, 2017; and the order rendered by the Reviewing Authority on 3rd January, 2020. Accordingly, the petitioner prays for the issuance of a writ of certiorari for quashing and setting aside the
Disciplinary actions must adhere to principles of natural justice; absence of adequate evidence and procedural compliance renders such actions void.
The main legal point established in the judgment is that the imposition of punishment must be based on specific findings and reasons, and the FCI's policy decision not to recover losses without proof....
Unexplained 10-year delay in departmental chargesheet for 1991 misconduct vitiates proceedings when coupled with vague charges, mechanical disagreement lacking reasons, and non-speaking punishment or....
The court upheld the impugned punishment order as sustainable in the eyes of the law.
The disciplinary authority must establish a direct connection between the employee's actions and the alleged misconduct, failing which penalties cannot be imposed.
: 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....
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