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SUMAN SHYAM
Ajit Kumar Bhattacharjya, S/O Late Harendra Nath Bhattacharjya – Appellant
Versus
Union Of India – Respondent
JUDGMENT:
Heard Mr. R. Sarma, learned counsel appearing for the writ petitioner. Also heard Mr. S. Nath, learned counsel appearing for the respondent Nos.2 to 6. Mr. S. S. Roy, learned Central Govt. Counsel is present on behalf of respondent No.1.
2. The writ petitioner herein is an employee of the Life Insurance Corporation of India (LICI) and is posted as Record Clerk in the Finance & Accounts department of the Divisional Office of the LICI situated at Panbazar, Guwahati. Aggrieved by the order dated 05.07.2016 issued by the Manager (P & IR) i.e. respondent No.6 imposing the penalty of “reduction to minimum of the time scale of pay as applicable to his cadre” and also “for recovery of Rs.1,91,000/-“ upon the petitioner, the instant writ petition has been filed.
3. The facts of the case, in a nutshell, are that, while serving as a Record Clerk in the Finance & Accounts department in the Divisional Office of the LICI at Guwahati, a disciplinary proceeding was initiated against the petitioner on the basis of charge-sheet dated 15.12.2014 levelling the single charge of failure to maintain absolute integrity and devotion to duty. An Enquiry Officer was appointed to go into the charge bro
The central legal point established is that the delinquent officer is entitled to a personal hearing when the Disciplinary Authority deviates from the Enquiry Officer's decision, as per the principle....
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
The delinquent employee must be afforded an opportunity to be heard before any fresh report is submitted by the Enquiry Officer in disciplinary proceedings.
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
The main legal point established is that the punishment imposed on a delinquent employee must be proportionate to the misconduct, and the principles of natural justice must be adhered to. The court a....
The main legal point established in the judgment is the requirement of fair procedure and the need to follow due process of law in disciplinary proceedings, including the examination of witnesses and....
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