Back
REKHA PALLI
Ramakant Dixit – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rekha Palli, J. - CM Appl. 44072/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 14451/2022 & CM Appl. 44073/2022 -Stay.
3. The petitioner, who is working as an E-8 level officer in the respondent no.2/organization, has approached this Court seeking the following reliefs:-
(i) To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction as deemed fit &proper by this Hon'ble Court in the facts of case directing Respondents not to let Respondent No.4 to act as Disciplinary Authority qua Petitioner &to further direct Respondents to remove Respondent No.4 from status of Disciplinary Authority qua Petitioner & appoint in her place independent, unbiased & disinterested person as Disciplinary Authority qua the Writ Petitioner for the pending inquiry as also all such matters.
(ii) To direct the Respondents not to let Respondent No.4 to deal with any matter pertaining to Writ Petitioner either directly or through her subordinates & to further direct that all such matters should be dealt with by any person not having any personal interest in the outcome of the pending & ongoing enquiry is against the Writ Petitioner
The court emphasized that the petitioner's repeated attempts to raise the same issue before the court in an attempt to stall the proceedings were unwarranted and amounted to an abuse of process of la....
The legal validity of disciplinary actions relies on adherence to natural justice and proper procedure in inquiry; mere allegations of bias or misconduct without substantial evidence are insufficient....
Point of Law : Mere fact of non-supply of documents to a delinquent, perse,may not constitute a procedural infirmity unless it is able to be shown that such non supply had caused prejudice to the del....
Procedural flaws in disciplinary proceedings can breach natural justice, warranting judicial intervention to ensure fair hearings and proportionality of punishment.
The High Court confirmed that the Disciplinary Authority's decision to impose a penalty is sustainable if procedures are adhered to and the findings are not perverse, maintaining limited judicial rev....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
