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RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Nakul Prasad Kesharwani S/o Shri Jhakar Prasad – Appellant
Versus
Union of India through the Secretary, New Delhi – Respondent
ORDER :
1. Challenge in this petition is to the order dated 19.10.2023 (Annexure P/1) passed by Central Administrative Tribunal, Jabalpur, circuit Bench at Bilaspur, whereby the original application of the petitioner has been dismissed affirming the order dated 2.3.2021 (Annexure P/2) passed by the Director, Postal Services (Headquarters) Raipur by which the order imposing penalty of censure by the disciplinary authority was set aside and de novo enquiry was ordered.
2. Facts of the case, in brief, are that the petitioner is working on the post of Post Master, Rural Post Office, Accounts Office, Branch Bhinodi, Sarsiva, Baloda-Bazar. He joined his services on 11.2.1977 and retired after completion of 40 years of service. During his service period on 4.2.2017 Sarpanch of Gram Panchayat-Khamariya made telephonic complaint to Sub Divisional Inspector, Post Office, Balodabazar against the petitioner that he is making irregular payments to MNREGA employees, on which respondent No. 2 issued charge sheet to the petitioner on 4.9.2017 (Annexure P/3). Since the departmental witnesses did not state anything against the petitioner and the charges leveled against him could not be proved in the d
The appellate authority must issue a reasoned order in disciplinary proceedings; failure to do so renders the order invalid.
Disciplinary authorities must conduct independent inquiries and cannot rely solely on external recommendations; failure to do so renders the proceedings invalid.
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
Disciplinary actions must be supported by clear reasoning; failure to provide reasons renders such actions invalid.
Disciplinary proceedings are invalid if based on prejudicial reliance on undisclosed inquiry reports and if initiated by an incompetent authority, infringing principles of justice.
The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
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