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DELHI HIGH COURT
CHANDRA DHARI SINGH
Avinash Chander – Appellant
Versus
AAI – Respondent
| Table of Content |
|---|
| 1. background of the disciplinary action. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's arguments against misconduct and procedure. (Para 7 , 8 , 9 , 10 , 11 , 12 , 14 , 15 , 16) |
| 3. court's analysis of procedural fairness. (Para 18 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 4. findings and reasoned order from disciplinary authority. (Para 19 , 20 , 33) |
| 5. final verdict and order of the court. (Para 34 , 35) |
ORDER
Chandra Dhari Singh, J. (Oral)--The present Petition has been filed under Articles 226 & 227 of the Constitution of India praying for issuance of a writ of certiorari and appropriate writ or order and/or direction for quashing the impugned order dated 17th December, 2007, passed by the Disciplinary Authority thereby withholding the increment of the petitioner for a period of one year without cumulative effect.
2. The brief background of the matter is that the petitioner was working as Manager, Air Traffic Control (ATC) in Airports Authority of India, New Delhi. He was transferred from New Delhi to Mumbai on inter-regional transfer vide order bearing No. CHQ NO. 2/3/2002/EA/1058-69 dated 24th April 2002 and was relieved of his duties at New Del
Disciplinary Authorities must provide compelling reasons for diverging from an Inquiry Officer's findings and uphold principles of natural justice, ensuring fair opportunity for representation.
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
While courts generally do not interfere with findings of fact in disciplinary inquiries, a penalty of dismissal for unauthorised absence is reviewable if the disciplinary authority fails to exercise ....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Whenever disciplinary authority disagrees with inquiry authority then before it records its own findings on such charge, it must record its tentative reasons for such disagreement.
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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