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CHANDRA DHARI SINGH
H. S. Rai – Appellant
Versus
Union of India – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant civil writ petition under Article 226 of the Constitution of India on behalf of the petitioner seeking the writ of certiorari thereby quashing the order dated 16th January 2003 and a writ in the nature of mandamus directing the respondents to reimburse the petitioner to the extent of his entitlement.
2. The petitioner was an employee with Projects and Development India Ltd. (hereinafter "PDIL"), which is a government undertaking and controlled by the Ministry of Chemical and Fertilizer, Government of India. The petitioner joined the PDIL in 1974 in the pay scale of Rs.400-900/- and thereafter, was given regular pay scale of Rs.5400-9425/- since 1980 working as Deputy Project Manager.
3. The petitioner was served with a suspension order on 24th June 2002 issued by General Manager, PDIL, informing him about serious allegations against him for misappropriation of the company's money through reimbursement of medical expenses for abnormally large amount by submitting false, fictitious medical claim for self and family members. The petitioner was informed that during the period of suspension he would not be allowed to enter into the PDIL
The main legal point established in the judgment is the requirement of jurisdiction for a court to adjudicate a challenge to an order, and the impact of the absence of jurisdiction on the maintainabi....
The court established that disciplinary actions must be based on clear evidence of misconduct, and that responsibility for contract compliance lies with designated authorities, not subordinate office....
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
The principles of natural justice require that a person facing disciplinary action be given an opportunity to defend themselves, including the opportunity to cross-examine witnesses and submit a repl....
The court emphasized that a dismissal must be proportionate to the misconduct and that procedural violations in disciplinary inquiries can invalidate the outcome.
High Court's jurisdiction to entertain a writ petition under Article 226 is contingent upon the presence of a cause of action within its territorial limits, as clarified by recent rulings.
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