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2001 Supreme(Del) 1562

High Court Of Delhi
ROSHAN LAL - Appellant
Versus
UNION OF INDIA - Respondent
C.M. 3575 of 1997
Decided On : 10/30/2001

Advocates Appeared:
KIRAN SURI, N.K.GOYAL

The court emphasized the importance of raising all relevant claims in the writ petition and upheld the findings of the Enquiry Officer and the Disciplinary Authority.

Headnote:

Punishment - Departmental Proceedings - False Charge - Regulation 58(8) of Staff Regulations - Bias in Enquiry Proceedings

Fact of the Case:

The petitioner was punished by the respondents following departmental proceedings. The petitioner challenged the punishment order, claiming the charges were false and baseless, and alleging procedural irregularities.

Finding of the Court:

The court found that the charges against the petitioner were proven based on the Enquiry Officer's findings and the Disciplinary Authority's agreement. The court also rejected the petitioner's claims of the order not being a speaking order and the denial of a Defence Assistant, as these were not raised in the writ petition.

Issues: Validity of punishment order, Allegations of false charges, Procedural irregularities

Ratio Decidendi: The court upheld the punishment order based on the findings of the Enquiry Officer and the agreement of the Disciplinary Authority. The court also emphasized that claims not raised in the writ petition cannot be considered during arguments.

Final Decision: The petition was dismissed by the court.

MUKUNDAKAM SHARMA

( 1 ). The present petition arises out of the order of punishment imposed upon the petitioner by the respondents pursuant to departmental proceedings instituted against him.

( 2 ). The Managing Director of the respondent corporation issued a Charge Memo to the petitioner on 18/5/1996 listing the articles of charge therein. Alongwith the aforesaid charge memo statement of articles of charge, statement of imputation of misconduct and misbehaviour, list of documents and list of witnesses were enclosed. The petitioner submitted his defence as against the aforesaid memo, on consideration of which the disciplinary Authority found the same to be not satisfactory and accordingly ordered for an enquiry against the petitioner and appointed the Enquiry officer to enquire into the charges framed against the petitioner. The Enquiry Officer conducted the enquiry and submitted his Enquiry Report finding the petitioner guilty of the charge framed against him. A copy of the aforesaid enquiry report was made available to the petitioner by memorandum dated 4/10/1996 asking the petitioner to submit representation, if any. Pursuant to the said communication the petitioner submitted his representation on 10/10/1996. The Disciplinary authority thereafter considered the entire records including the enquiry report and the representation submitted by the petitioner on 10/10/1996. On consideration of the same the Disciplinary Authority agreed with the findings contained in the Enquiry report and by order dated 8/11/1996 imposed upon the petitioner the penalty of demotion to the post of Assistant Manager at the lowest grade applicable to the said post with immediate effect and recovery of Rs. 50,000. 00 as token compensation for the loss caused to the Corporation by the petitioner.

( 3 ). Being aggrieved by the said order passed by the Disciplinary Authority the petitioner filed an appeal which was considered by the Appellate authority and the same was rejected. Accordingly, the present, petition is Filed in this court seeking for quashing and setting aside the order of punishment imposed upon the petitioner.

( 4 ). Counsel appearing for the petitioner submitted that the charge framed against the petitioner was false and baseless. It was submitted by him that there was no delay on the part of the petitioner in submitting his report and that he was not at all responsible for the , delay, if any, and that therefore, the petitioner cannot be held liable for any pecuniary loss that could have been suffered by the respondents. It was also submitted by him that the order passed by the disciplinary Authority is not a speaking order and therefore, the said order is liable to be set aside and quashed. It was also submitted by him that the petitioner was not allowed to have any Defence assistant which was in violation of the provisions of Regulation 58 (8) of the Staff Regulations. The next submission of the counsel appearing for the petitioner was that there was bias on the part of the Enquiry Officer in conducting the enquiry and therefore, the entire enquiry proceedings stand vitiated and are, liable to be set aside. He also submitted that the representation submitted by the petitioner on 10/10/1996 was not considered by the respondents and therefore, the order is required to be set aside.

( 5 ). Counsel appearing for the respondent however, submitted that the aforesaid contentions; are baseless and without any merit. She further submitted that the allegations that the petitioner was not allowed the assistance of Defence Assistant was not raised In the writ petition and therefore, the same cannot be raised at the time of arguments. She further submitted that same is the position with regard to the allegation of bias as against the Enquiry Officer which according to her was not raised in the writ petition and therefore, cannot be permitted to be raised at the time of arguments in the writ petition.

( 6 ). Counsel appearing for the parties in sup









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