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RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Sulabee, Wife of Sardar Khan – Appellant
Versus
Union of India through General Manager – Respondent
ORDER :
(Amitendra Kishore Prasad, J.) :
1. Heard Mr. A.V. Shridhar, learned counsel for the petitioners. Also heard Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for the respondents.
2. The petitioners are the legal heirs of deceased employee- Late Id Mohammad Khan, who was working as Porter/SEY under the Railways and posted at Bilaspur, Chhattisgarh. He was served with a charge-sheet dated 06.01.2014 issued by the DOM/CIC/BSP (Disciplinary Authority) with an allegation that he was remained unauthorisedly absent from duty from 11.12.2012 to 26.12.2013 and onwards, as such, a notice was issued to him that due to afore-stated unauthorised absent, he failed to maintain devotion in duty and acted in the manner of unbecoming of a railway employee by contravening the Rule 3.1 (ii) & (iii) of the Railway Services (Conduct) Rules, 1966 (for short, “RS (Conduct) Rules”) and thereby rendered himself liable for disciplinary action under Railway Services (Discipline & Appeal) Rules, 1968 (for short, “RS (D & A) Rules”).
3. The respondent authorities initiated a departmental enquiry and after completion of the same, findings have been given stating that “After carefully gone thr
Unauthorized absence must be proven willful to constitute misconduct; failure to provide a fair hearing violates principles of natural justice.
The court emphasized the need for adherence to procedural fairness in disciplinary proceedings, ruling that arbitrary termination without due process is unenforceable.
Disciplinary actions must adhere to principles of natural justice by ensuring clearly framed charges and proportionate penalties for employee misconduct.
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