SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Pawan Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present writ petition, petitioner is seeking a direction to the respondents to produce the original records of the case before this Court.
2. Petitioner is further seeking quashing and setting aside of impugned orders dated 15.02.2019 enhancing the penalty, the original penalty order dated 10.11.2017 and the charge-sheet dated 15.11.2016.
3. Petitioner is also seeking a direction to the respondents to restore the petitioner back in the position and to a stage at which he would have been if the impugned orders were never passed, along with all consequential benefits to the petitioner.
4. Learned Senior Panel Counsel for respondents has informed this Court that vide order dated 27.02.2020, petitioner has been removed from the service.
5. Being aggrieved, petitioner filed an appeal which was dismissed vide order dated 11.04.2020. Thereafter, petitioner preferred a revision petition which was also dismissed vide order dated 27.01.2022.
6. Learned counsel for petitioner has informed this Court that after passing of order in revision petition, petitioner approached the National Commission for Scheduled Casts where the competent authority was present on 0
The court emphasized the importance of timely decision-making by directing the respondents to decide the mercy petition within a specified timeframe.
Timely decision on revision petition
The court emphasized the importance of timely decision-making and providing a reasoned order in cases of appeal against removal from service.
Administrative decisions must provide the affected parties with an opportunity to present their case to ensure fairness and compliance with legal requirements.
A public authority has a legal duty to dispose of a pending statutory memorial or representation within a reasonable time, particularly when the underlying grounds for disciplinary action, such as a ....
Due process requires that parties must be afforded an opportunity to present their case before adverse administrative actions are taken.
Knowledge of dismissal order and service of the order are crucial in employment law cases.
The court emphasized the right of the petitioner to file replies, appeals, and complaints against the allegations and orders, and directed the competent authorities to decide on the matters within sp....
The court emphasized the importance of timely decision-making and the communication of reasoned orders by the administrative authority.
The court's decision was centered around the principles of providing access to the order and ensuring fairness in the revisional trial process.
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