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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Delhi Transport Corporation – Appellant
Versus
Subhash Chand – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 33545/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 8880/2023
1. The challenge in this petition is to an order dated March 15, 2023 passed in the Original Application being OA No. 1501/2016 (`OA', for short), whereby the Tribunal has partially allowed the OA filed by the respondent herein by stating in paragraph 11 as under:
"In view of the aforesaid, the present O.A is partly allowed. The impugned orders dated 26.12.2014, 12.03.2015 and 03.07.2015 are set-aside. The applicant shall be entitled for all consequential benefits in accordance with relevant rules and instructions on the subject. However, the respondents shall be at liberty to proceed in the manner from the stage of submission of report by the Inquiry Officer in accordance with the relevant rules and instructions."
2. The facts as noted from the record are, the challenge of the respondent before the Tribunal was to an order dated December 16, 2014 of the Disciplinary Authority, who had imposed the punishment of stoppage of one increment with cumulative effect. In appeal, the Appellate Authority vide order dated March 12, 2015 revise
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.
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.
Courts emphasize the importance of reasoned and speaking orders, and the need for tribunals to consider and address the grounds raised by the parties.
Service Law – Setting aside of punishment imposed justified - Objective of reasons to be recorded under Rule 9(4) mandatory if not recorded is fatal
A disciplinary authority may deviate from an Enquiry Officer’s findings only if there is evidence or material on record to substantiate a different conclusion; in the absence of such evidence, the au....
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....
Natural justice requires meaningful opportunity for defense in disciplinary inquiries; failure to adhere justifies annulment of punitive orders.
The main legal point established in the judgment is that the disciplinary authority must adhere to the principles of natural justice and issue a show-cause notice before imposing a penalty.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
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