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VIJAY BISHNOI, KAUSHIK GOSWAMI
Union of India – Appellant
Versus
Jayanta Kumar Nath, S/o- Late Manik Chandra Nath – Respondent
JUDGMENT :
(KAUSHIK GOSWAMI, J)
Heard Mr. S.K. Medhi, learned counsel appearing for the petitioners. Also heard Mr. S. Nath, learned counsel appearing for the respondent.
2. This writ petition under Article 226 of the Constitution of India is directed against the impugned order dated 28.06.2023 passed by the learned Central Administrative Tribunal, Guwahati Bench, in O.A. No. 272/2022, whereby the charge-sheet dated 18.07.2022 issued against the respondent/applicant was set aside and quashed.
3. The factual matrix of the case is as follows:-
The respondent/applicant, while working as officiating Assistant Director (Building, SB, FS and IPPB) was also looking after the charge of Assistant Director (Vigilance and Investigation), Circle Office, Guwahati during the period 05.10.2020 to 28.12.2020. During the said period a squad was constituted by Shri R.K.B. Singh, Chief Postmaster General (CPMG), Assam Circle, (hereinafter referred to as ‘the Disciplinary Authority’) of three members including the respondent/applicant for the purpose of conducting inquiries against three complaints received by the Circle Office concerned against one Shri Aparajeet Pattanayak, SSPOs, Darrang Division, Tezpu
Disciplinary action against Inquiry Officers requires evidence of misconduct; mere disagreement with findings is insufficient.
The judgment established the central legal point that the violation of principles of natural justice, including the denial of an opportunity to respond to the charges before initiating an enquiry and....
Disciplinary proceedings must be supported by adequate evidence, and a lack of procedural compliance can lead to judicial intervention.
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
The main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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