Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Comptroller And Auditor General Of India – Appellant
Versus
Manoj Kumar – Respondent
| Table of Content |
|---|
| 1. background of the writ petition and employment history. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details of misconduct and resultant disciplinary actions. (Para 7 , 8 , 11 , 12) |
| 3. judicial review limited to procedural fairness. (Para 10 , 30 , 41) |
| 4. standard of proof in disciplinary proceedings. (Para 29 , 34 , 36) |
| 5. restoration of disciplinary penalty upheld. (Para 48 , 49 , 50) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present writ petition has been field under
2. In the present case, the Petitioner No. 1 is the head of the Indian Audit and Accounts Department, the Petitioner No. 2 is an independent authority/Office under the aegis of the Petitioner No. 1 and the Respondent is a former employee of the Petitioner N
The submission of false medical certificates by a government employee constitutes serious misconduct justifying dismissal from service under the Central Civil Services (Conduct) Rules, 1964.
The main legal point established is that the High Court's interference with the punishment imposed by the Disciplinary Authority is limited to cases of shockingly disproportionate punishment or proce....
Dismissal – When charges are grave, caution and circumspection that should be exercised by authorities should be greater.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
Disciplinary proceedings must observe due process and require substantial evidence; merely procedural lapses do not constitute misconduct.
Grant of reinstatement - Court will not ordinarily interfere in the punishment imposed in the disciplinary proceedings to substitute its own conclusion on penalty except where the punishment imposed ....
Disciplinary charge-sheet must be issued by authorized officer as per regulations; prior approval insufficient if not signed by Director on behalf of competent authority for Group ‘A’ employees, rend....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
