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CHANDRA DHARI SINGH
Brij Mohan – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Chandra Dhari Singh, J.
1. The instant writ petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking issuance of writ of appropriate nature thereby quashing the order dated 29th March 2003 and order dated 30th September 2003 passed by the respondents no. 2 and 3, vide which the petitioner was removed from services. He has also sought directions to the respondents to release his salary from 1st April 2003 alongwith benefits of service.
BACKGROUND
2. The facts leading to the filing of the instant petition are detailed as follows:
a. The petitioner was a regular employee, appointed with effect from May 1995, to the post of Telephone Operator with the Delhi Electric Supply Undertaking (hereinafter "DESU") succeeded by the Delhi Vidyut Board and was thereafter, placed with the respondent no. 2, i.e., Tata Power Delhi Distribution Ltd. (earlier North Delhi Power Limited) upon the Delhi Electricity Reforms Act, 2000 coming into force. The petitioner's appointment letter indicated that his services were governed by the Delhi Electric Supply Undertaking (DMC) Service (Control & Appeal) Regulations, 1976 (hereinafter "DESU Reg
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
The court confirmed that disciplinary authorities possess broad discretion in imposing penalties, which cannot be interfered with unless shown to be arbitrary, perverse, or in breach of natural justi....
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....
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
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