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IN THE HIGH COURT OF DELHI
Anu Malhotra, J.
Jai Raj Solanki - Appellant
Versus
Uniion of India - Respondent
W.P.(C) 5803 of 2013 and CM Nos. 12791 of 2013 and 47119 of 2019
Decided On : 24-11-2022
The disciplinary inquiry's findings of misconduct were upheld due to clear evidence of violations, reinforcing the duty of employees to maintain integrity and conduct standards.
Headnote:(A) Indian Renewable Energy Development Agency (IREDA) Conduct, Discipline and Appeal Rules - Chargesheet issued against employee for serious misconduct including improper vehicle handling and log book tampering - Inquiry found charges proved, leading to dismissal upheld by appellate authority. (Paras 1-41)
(B) Natural Justice - Inquiry conducted in accordance with prescribed protocols, parties had fair opportunity to present their case. (Paras 4-39)
Facts of the case:
The petitioner was dismissed from service for six articles of charge including misappropriation of petrol and failure to maintain vehicle records after failing to follow proper parking procedures and maintaining an accurate log book.
Findings of Court:
The Court upheld the findings of the disciplinary inquiry that proved the charges against the petitioner and dismissed the petition, finding no violation of natural justice.
Issues: Whether the disciplinary proceedings were in accordance with natural justice and if the dismissal proportionate to the misconduct.
Ratio Decidendi: The court highlighted the necessity of integrity and adherence to conduct rules within public service, ruling that the evidence supported the findings of misconduct as described in the charges.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. petitioner charged with misconduct at ireda (Para 1 , 2 , 3) |
| 2. court reviews fairness of disciplinary inquiry (Para 4 , 21) |
| 3. petitioner argues misconduct instructions confound admissions (Para 6 , 7 , 10 , 16) |
| 4. judicial review limited to process, not decision merits (Para 22 , 33 , 35) |
| 5. petition dismissed; charges upheld (Para 41) |
JUDGMENT
Anu Malhotra, J. The petitioner, Jairaj Solanki, vide the present petition seeks the setting aside of the order dated 16.07.2013 of the Appellate Authority of the Indian Renewable Energy Development Agency Ltd. (herein after referred to as IREDA) which affirmed the order dated 22.03.2013 No. 233/3/89-MS/IREDA of the Disciplinary Authority of the IREDA whereby the petitioner herein, a Driver-cum-Attendant (Grade-III), Employee No. 0212, IREDA, having been chargesheeted for six Articles of Charge under Rule 25 of the IREDA Conduct, Discipline and Appeal (CDA) Rules vide Memorandum No. 233/3/89-MS-/IREDA dated 24.8.2011 modified vide Memorandum dated 20/31.10.2011 vide which he was found guilty of the Articles of Charge with which he was charged and an inquiry was conducted and vide order dated 22.3.2013 of the Disciplinary Authority the major penalty of removal from service imposed with immediate effect qua the petitioner was upheld.
2. The charges framed against the petitioner were to the effect:
"Charge-I: Shri Jairaj Solanki did not park the official staff car at the allotted parking slot, did not deposit the keys and made false &incorrect entries in the log book.
Charge-II: Sliri Jairaj Solanki himself has admitted in his reply dated 13.9.2011 to the charge memo that he had parked the official staff car at CVO's residence. This was without any permission of the Competent Authority.
Charge-III: The log book was not maintained properly as it does not show actual places visited, time of visit, actual mileage to these visited places and also does not contain the signature of the official who actually used the staff car.
Charge-IV: Shri Jairaj Solanki has admitted that he had put the white fluid in the log book. This was to cover up his misconduct.
Charge-V: Shri Jairaj Solanki misappropriated petrol by obtaining unnecessary petrol on 29.6.2011,1.7.2011 and 12.7.2011.
Charge-VI: Shri Jairaj had excessively written the distance for route: Noida-Office-Noida-Office on different dates and once to the extent of 69 kms on 23.3.2011."
3. The Disciplinary Authority on conducting the enquiry held to the effect:
"WHEREAS, I being the Disciplinary Authority, after going through the entire record, inquiry report dated 5.9.2012, comments of Shri Jairaj Solanki, Charged Official on Inquiry Officer's report, deposition of witnesses and other evidence on record, I find that Shri Jairaj Solanki has committed misconducts which are of serious nature and have been proved as per the report of Inquiry Officer, with which' I agree fully. I find that Slrri Jairaj Solanki did not park the official staff car at the allotted parking place, did not deposit the said staff car key to the Security and made false & incorrect entries in the log book (Article-I), parked the staff car at former CVO's residence without any written orders of the Competent Authority of HR Deptt., IREDA (Article II), failed to maintain log book properly as Shri Jairaj Solanki did not record the actual places visited, time of visit, actual mileage to the these places and also did not obtain the signatures of the official who actually used the staff car as provided in the relevant columns of the log book (Article-III), tampered with the log book by applying white fluid to cover up his misconduct (Article-IV), obtained unnecessary petrol on 29.6.2011, 1.7.2011 & 12.7.2011 which was misappropriated (Article-V) and excessively wrote distance for route: Noida-Office-Noida Office (Article-VI), as detailed in the report of the Inquiry Officer. All the 6 Articles of Charges which are proved shows that Shri Jairaj Solanki failed to m
