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DELHI HIGH COURT
ANU MALHOTRA
Bharat Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Anu Malhotra, J. The petitioner Bharat Kumar, vide the present petition, seeks the setting aside of the following:
and seeks directions to the respondents to reinstate the petitioner in service with all consequential benefits.
2. The respondents arrayed to the petition are the Secretary, Ministry of Agriculture, Krishi Bhavan, New Delhi and the Chairman-cum-Managing Director of State Farms of India Ltd., New Delhi, arrayed as respondent No.1 and respondent No.2 respectively.
3. The Statement of Articles of Charge framed against the Petitioner was in relation to Article of Charge No.1, which was in relation to the petitioner having unauthorizedly absented himself from duty from 27.12.2010 whilst working as an Administrative Officer at the Central State Farm, Bahraich. It has further been stated in the Articles of Charge that it had been reported that the petitioner left the farm on his own will from 27.12.2010 without getting any leave sanctioned
Unauthorized absence from duty and related misconduct proved; the disciplinary process upheld as fair and not in violation of natural justice.
Rule 56 of SFCI Employee (Conduct, Discipline & Appeal) Rules, there is no provision for filing of Review Appeal by an employee.
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 importance of following prescribed procedures and principles of natural justice in disciplinary proceedings.
Judicial review in disciplinary matters is restricted; courts shall not act as appellate bodies to re-evaluate evidence of unauthorized absence or substitute the penalty imposed by a competent author....
The main legal point established in the judgment is the requirement for disciplinary proceedings to adhere to natural justice principles, including framing specific charges and making conclusions bas....
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