Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. By way of present petition under Article 226 and 227 of the Constitution of India, the petitioner herein has challenged the order dated 29.09.2015 passed by the Disciplinary Authority i.e. Acting Chief Administrative Officer, for Institute of Plasma Research (for short ‘the IPR’) as found confirmed by the Appellate Authority vide order dated 21.12.2015 in IPR/ADMN/APPEAL/109796/12, passing the order of removal of the petitioner from his services from the post of Engineer SC and has prayed for the following reliefs:

“A. YOUR LORDSHIPS may be pleased to admit and allow this petition.

B. YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ of mandamus or writ in any nature or direction, by quashing and setting aside the order dated 29/09/2015 passed by the Acting Chief Administrative Officer, i.e. respondent No.2, removing the petitioner from his services from the post of Engineer SC as well as the order dated 21/12/2015 passed by the Director i.e. Appellate Authority confirming the same.

C. Pending hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to stay the execution, operation and implementation of the impugned order dated 29/09/2015 passed by the Acting Chief Administrative Officer, i.e. respondent no.2, removing the petitioner from his services from the post of engineer SC as well as the order dated 21/12/2015 passed by the Director i.e. Appellate Authority confirming the same.

D. YOUR LORDSHIPS may be pleased to direct the respondent authorities to reinstate the petitioner on the original post by granting all such consequential benefits including monetary benefits as a consequence of illegal removal of the petitioner from his post in violation of principles of natural justice.

E. YOUR LORDSHIPS may be pleased to pass such other and further orders which may be deemed fit and proper in the interest of justice.”

2. Brief facts leading to the filing of the present petition read thus:

2.1 The petitioner herein came to be appointed as Technical Assistant – B on 14.05.1993 with the Plasma Research Institute being administered by parent department i.e. Department of Atomic Energy, Union of India, having registered as autonomous body under the provisions of the Societies Registration Act, 1860. The petitioner came to be promoted as Engineer-SC on 17.03.2010. The petitioner herein completed 22 years of his service with due diligence and sincerity.

2.2 The petitioner was transferred from Electrical Maintenance Group to ICRH Division with immediate effect from 12.06.2014. The ICRH group being concerned with the research area into microscopic aspect of atom and other related activity, has no connection with the work being looked after by the petitioner as he has to solely deal with core area of the maintenance into electrical aspects in general. In view thereof, the petitioner could not have expected to work or perform on the area other than his expertise that the petitioner has acquired during his education and the training; which specifically concerned with core area like maintenance of electrical components in general.

2.3 Being an employee of prudent character, the petitioner tried to protest the change of group which was not suitable to the petitioner for the reason that the skill to work in such area is all together different and without any training imparted, any employee is bound to fall in error and therefore, the petitioner was constrained to write in his words, requesting the authority to reconsider the aspect of change of job assignment in form of group change, as it tantamount to modify the condition of services of