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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Harish Parmar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 41775/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10776/2023
1. The challenge in this petition is to an order dated March 1, 2023 passed by the Central Administrative Tribunal (`Tribunal', for short) in the Original Application being No. 1427/2020 (`OA', for short) whereby the Tribunal has dismissed the OA filed by the petitioner by stating in paragraph 7 onwards as under:
"7. Heard the learned counsel for the parties, perused the record and appreciated the legal position.
8. There is no dispute with regard to the fact that due procedure was adopted when charges were framed. A preliminary investigation was held and regular disciplinary proceedings were initiated against the applicant. He was afforded opportunity at every stage. It is a well settled law that judicial scrutiny in the matter of disciplinary proceedings culminating in the passing of order imposing a penalty would be limited to decision making process and not to the decision itself. This Tribunal while exercising jurisdiction would not sit as a court of appeal so as to re-appreciate the evidence. This Tribunal would also not interf
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.
Judicial review in disciplinary proceedings limited to process and natural justice; no re-appreciation of evidence or interference with punishment unless shocking to conscience or based on no evidenc....
The proceedings of disciplinary action must comply with established procedural rules; failure to do so undermines justice.
Judicial review in disciplinary proceedings limited to natural justice compliance, evidence existence, and perversity; no re-appreciation of evidence or penalty proportionality unless shocking consci....
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 main legal point established is the limited scope of judicial review in departmental proceedings, emphasizing the authority of the disciplinary authority as the sole judge of facts and the high t....
Judicial review of disciplinary matters is limited, with courts respecting the wide discretion of disciplinary authorities unless procedural fairness is violated or penalties shock the conscience.
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