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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, MADHU JAIN
Ran Singh – Appellant
Versus
Delhi Transport Corporation – Respondent
JUDGMENT :
MADHU JAIN, J.
1. The present Writ Petition has been filed challenging the order dated 15.07.2015 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) in O.A. No. 1870/2014, titled Ran Singh and Anr. v. Delhi Transport Corporation and Ors. whereby the learned Tribunal dismissed the O.A. filed by the petitioners herein.
FACTUAL MATRIX:
2. The Petitioners were working as Conductors with the respondents, that is, the Delhi Transport Corporation (hereinafter referred to as “DTC”). At the relevant point of time, the Petitioners were also active office bearers of the recognised majority union of DTC and were stated to be vocal in highlighting and opposing various administrative and functional issues within the Corporation.
3. This dispute traces its origin to Charge Sheet No. Narela Depot/A.L.(T)/CS-26/11/241 dated 09.08.2011, which was issued to the Petitioners jointly with one Shri Jagphool Singh, Driver. The said charge sheet was issued by the Depot Manager, Narela Depot, and was based on a report allegedly submitted by one Shri Surender Singh, ATI, who was stated to be present at the time of the alleged incid
The second charge sheet issued after withdrawal of the first was invalid due to lack of jurisdiction, emphasizing fair process in disciplinary proceedings.
Disciplinary proceedings are invalid if based on prejudicial reliance on undisclosed inquiry reports and if initiated by an incompetent authority, infringing principles of justice.
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
A disciplinary authority may initiate proceedings for penalties if designated in the service rules, but the authority to impose major penalties lies with a separate designated officer.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The Disciplinary Authority is competent to initiate disciplinary proceedings for penalties specified in Clauses (v) to (ix) of Rule 11, even if not competent to impose the latter penalties.
Disciplinary proceedings initiated by an authority subordinate to the appointing authority do not violate Article 311; the standard for punishment must align with proven misconduct.
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