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SANJAY KUMAR MEDHI
Pradip Kumar Dev Mahanta S/o Late Mahendra Ch. Dev Mahanta – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The principal grievance raised in this petition is with regard to an order dated 30.07.2018 by which, the petitioner has been removed from service after a disciplinary proceeding. The petitioner has also prayed for certain other reliefs, including release of service benefits and arrears of pay.
2. There is a chequered history of this case, including previous rounds of litigation.
3. The facts, as projected by the petitioner are that he was working as a Doctor under the Health Department, State of Assam. In course of his service, the petitioner was put under suspension vide an order dated 16.03.1989 followed by a disciplinary proceeding. The suspension was, however, revoked and the petitioner was reinstated in service and posted as Medical & Health Officer-I (M&HO-I) at the Bokajan CHC, Karbi Anglong in an existing vacancy. The petitioner claims to have submitted joining report on 31.07.2000, however, the charges were not handed over and no duties were allotted to him. It is submitted that the joining report was accepted by the KAAC vide order dated 11.01.2001.
4. At that stage, the petitioner had filed WP(C)/7240/2001 before this Court on the aspect
The Court emphasized the necessity of adhering to procedural fairness in disciplinary proceedings, highlighting that failure to do so can invalidate removal orders.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
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 punishment imposed must be in accordance with the prescribed list of punishments under the relevant rules and should not deviate from the statutory provisions.
Disciplinary authorities have the right to impose penalties for unauthorized absence, provided due process is followed and the penalties are proportionate to the misconduct.
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