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SATISH CHANDRA SHARMA, SANJEEV NARULA
Sunil Kumar Saxena – Appellant
Versus
Export Inspection Council – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. The present appeal is arising out of judgment dated 22.04.2019 passed by the learned Single Judge in W.P.(C.) No. 8335/2017 titled Sunil Kumar Saxena Vs. Export Inspection Council, dismissing the writ petition against the order of removal dated 02.11.2015, inflicted by way of punishment by the Competent Disciplinary Authority in exercise of powers conferred under the Export Inspection Agency Employees (Classification, Control and Appeal) Rules, 1978 (Rules of 1978). The appellant has also challenged the order dated 14.02.2017, passed by the Appellate Authority.
2. The undisputed facts of the case reveal that the appellant before this Court was appointed on 25.01.1980 to the post of Peon in the services of Export Inspection Council. On 26.02.2012, an incident took place involving a minor scuffle between Mr. Deepak Shekhar and Mr. Praveen Sakhuja. On account of a minor scuffle between the aforesaid two persons, on 29.10.2012, an order was passed placing the petitioner under suspension in exercise of powers conferred under sub-Rule (a) of Rule 6 of the Rules of 1978 contemplating a departmental inquiry alleging his involvement also in the incident
The main legal point established is the limited scope of interference in departmental inquiries by the court, which can only be done in specific circumstances such as violation of principles of natur....
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.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Under Article 226/227 of the Constitution of India, the High Court shall not re-appreciate the evidence, interfere with the conclusions in the enquiry, in case the same has been conducted in accordan....
Fairness in disciplinary proceedings requires adherence to natural justice, and actions unsupported by adequate evidence are not sustainable.
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
Judicial review of disciplinary proceedings is limited to evaluating the inquiry process's fairness, with the onus generally on the authority to establish charges against the employee.
Natural justice requires meaningful opportunity for defense in disciplinary inquiries; failure to adhere justifies annulment of punitive orders.
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