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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Union of India – Appellant
Versus
Shushil Kumar Aggarwal – Respondent
| Table of Content |
|---|
| 1. challenge to cat's order on disciplinary proceedings. (Para 2) |
| 2. arguments about the nature and relevance of disciplinary proceedings. (Para 3 , 4 , 5) |
| 3. court's analysis of the respondent's actions and context. (Para 6 , 7 , 8) |
| 4. dismissal of writ petition based on analysis. (Para 9) |
| 5. conclusion and order for dismissal. (Para 10) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the order dated 17th July, 2019 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in Original Application being OA No. 3157/2017 titled as "Sushil Kumar Aggarwal v UOI". Petitioner further prays for a direction to restore the charge memorandum dated 27th April 2017 and letter bearing F.No. C-14011/16/2017 - V&L dated 28th August 2017 issued by Petitioner No. 2 to the Respondent.
3. Learned Counsel for the Petitioner submits that the CAT has passed the impugned order without considering the fact that disciplinary proceedings initiated against the Respondent by way of Charge Memorandum and Letter dated 28th August, 2017 is a procedure devised to ensure a fair, objecti
Disciplinary proceedings must not be prematurely set aside without conclusive evidence of misconduct, ensuring fairness in administrative processes.
Right to a timely response in disciplinary proceedings is critical, leading to court directions for resolution within a specific timeframe.
The Central Administrative Tribunal is the primary forum for addressing service matters, underscoring the necessity to follow procedural paths in challenging disciplinary actions.
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.
Disciplinary proceedings against quasi-judicial officers must be based on objective evidence, and undue delay in initiation can invalidate such actions.
Inordinate delay in concluding disciplinary proceedings, lack of application of mind in disciplinary orders, and gravity of charges can influence the court's decision to quash orders and direct redet....
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