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SANJAY K. AGRAWAL
Ramji Ram Manjhi S/o Late Ramvilas Manjhi – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This writ petition has been filed by the petitioner assailing legality, validity and correctness of order dated 14.02.2014 (Annexure P/1), by which the appeal preferred by the petitioner challenging order dated 28.01.2002 (Annexure P/8), whereby the petitioner was inflicted with penalty of stoppage of five annual increments with cumulative effect and recovery of Rs.21,407/- in exercise of powers under Rule 10 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (henceforth shall be referred to as the “CCA Rules 1966”) has been rejected.
2. The aforesaid challenge has been made on following factual background:
Disciplinary authorities must adhere to procedural fairness by recording reasons for disagreement with enquiry findings and allowing representation before imposing penalties.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
Disciplinary actions must adhere to procedural fairness, including providing a reasoned order and conducting an inquiry, to comply with principles of natural justice.
Judicial review in disciplinary matters is limited; courts cannot re-evaluate evidence unless there is a violation of due process or lack of evidence.
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