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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Provat Kumar Sarkar – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The affidavit-in-reply as filed on behalf of the writ petitioner today is taken on record.
2. In this writ petition, the writ petitioner has prayed for issuance of appropriate writ or writs against the respondents/authorities for revoking and/or cancelling and/or rescinding the findings of the enquiry authority as communicated to him under cover of memo dated 15.10.2014, the findings of the disciplinary authority as communicated to him under cover of memo dated 30.03.2015 and the findings of the appellate authority dated July 18, 2016 who have concurrently held that the writ petitioner is guilty of the charges as framed against him and subsequently, he was awarded punishment.
3. In course of his submission, Mr. Bihani, learned Senior Advocate duly assisted by Ms. Bihani and Mr. Mukherjee, learned advocates for the writ petitioner at the very outset draws attention of this Court to page no. 31 of the instant writ petition being the copy of the charge-sheet as issued against the writ petitioner by the respondents/authorities. Attention of this Court is also drawn to page no. 46 of the writ petition being a copy of the reply to the charge-sheet as subm
: 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....
The disciplinary authority must show a difference of opinion with the enquiry officer's finding before inflicting punishment and provide an opportunity for representation.
Acquittal in a criminal trial does not automatically invalidate disciplinary proceedings, but substantial overlaps in evidence may necessitate reconsideration of the latter's findings. Procedural fai....
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.
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
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 against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
The main legal point established is the scope of judicial review in departmental enquiry proceedings, emphasizing the principles of natural justice, the authority of the disciplinary officers, and th....
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