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RAJIV SAHAI ENDLAW, AMIT BANSAL
Bhopal Singh – Appellant
Versus
Delhi Development Authority And Ors – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - The petition impugns the order dated 29th March, 2019 of the Central Administrative Tribunal (CAT), Principal Bench, New Delhi of dismissal of OA No.2227/2016 preferred by the petitioner. The said OA was preferred by the petitioner, impugning (a) the order dated 30th April, 2015 of the Disciplinary Authority of the respondent Delhi Development Authority (DDA), in exercise of powers under Regulation 30(2) of the DDA Conduct, Disciplinary and Appeal Regulations, 1999, of dispensing with the conduct of enquiry for imposing penalty and of imposing the penalty of dismissal from service with immediate effect, under Regulation 23(j), with no consequential benefits on the petitioner; and, (b) the order dated 14th September, 2015 of the Appellate Authority of the respondent DDA of dismissal of the departmental appeal preferred thereagainst.
2. When this writ petition came up first before this Court on 30th July, 2019, on the contention of the counsel for the petitioner that the petitioner had rendered 32 years of service and the punishment of dismissal from service was disproportionate and had the effect of forfeiture of past service and retirement benefits a
The court established that dismissal without a formal inquiry can be justified under the DDA regulations and constitutional provisions if the employee's conduct creates an atmosphere of fear within t....
Dismissal without inquiry is permissible under special circumstances, such as severe misconduct that creates a threatening atmosphere, justifying action under applicable regulations.
Dismissal under Article 311(2)(b) invalid without cogent, objective reasons showing inquiry impracticable; FIR involvement and witness fear presumptions insufficient if criminal probe exonerates empl....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
The main legal point established in the judgment is that holding an inquiry is a rule while dispensing with it is an exception, and the reasons for dispensing with the inquiry must be sufficient and ....
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