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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Shankar Lal – Appellant
Versus
Commissioner of Police – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 23447/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 5965/2023
3. This petition has been filed by the petitioner challenging order dated February 27, 2019 passed by Central Administrative Tribunal (`Tribunal', in short) in O.A. No. 4544/2014.
4. The challenge before the Tribunal was to the orders passed by the Disciplinary Authority/Appellate Authority in disciplinary proceedings initiated against the petitioner herein.
5. One of the submissions of learned counsel for the petitioner is that the Tribunal has not given findings on the pleas advanced on behalf of the petitioner in the Original Application. In support of the submission, learned counsel for the petitioner has drawn our attention to the impugned order more specifically paras 3, 4, 5 and 6, wherein, according to him, the Tribunal has only noted the contentions of the petitioner, allegations made against the petitioner, law related to judicial review in the cases of departmental enquiries while arriving at the following conclusion:
"7. In view of the facts and circumstances of the case narrated above and in view of the law
The court has the power of judicial review in disciplinary proceedings and can set aside orders if they are not in accordance with the law.
The limited scope of judicial scrutiny in cases of departmental inquiries, where the judicial review is confined to correcting errors of law or procedural error resulting in manifest miscarriage of j....
The court emphasized the importance of providing a reasoned and factual finding when dismissing a petition, and the need for expeditious consideration of the Original Application by the Tribunal.
Courts emphasize the importance of reasoned and speaking orders, and the need for tribunals to consider and address the grounds raised by the parties.
Imposition of punishment after charges were not proved is unjust, and the respondent should be restored to the same position as if no punishment had been imposed.
Review petitions should demonstrate an apparent error on the face of the order being challenged, rather than challenging the order on its merits.
Tribunal's decision to dismiss a case without hearing the parties and considering relevant pleadings may be inappropriate and subject to revival upon court's direction.
The principle of fair consideration of all submissions and the requirement for a speaking order by the Tribunal.
The need for petitioners to challenge the rejection of their representation before the Tribunal by way of fresh proceedings.
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