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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR, VIJAY BISHNOI
Union Of India – Appellant
Versus
Thagiram Nath, Son Of Late Sonaram Nath – Respondent
JUDGMENT :
Vijay Bishnoi, CJ.
Heard Ms. B. Sarma, learned Central Government Counsel appearing for the petitioners. Also heard Mr. H.K. Das, learned counsel appearing for the sole respondent.
2. This writ petition is preferred by the petitioners, assailing the order dated 07.06.2023 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter to be referred as “Tribunal”) in Original Application No.16/2018. Vide the impugned order, the Tribunal has allowed the Original Application filed by the respondent and set aside the order dated 12.12.2017 issued by the petitioner No.4, i.e. Senior Superintendent of Post Offices, Guwahati Division, Guwahati, whereby the penalty of withholding the benefit of next increment of pay for 5(five) months without cumulative effect has been imposed upon the respondent along with recovery of Rs. 8,05,000/-, which was ordered to be deducted @ Rs. 62,000/- per month from the pay and allowances of the respondent w.e.f. December, 2017 payable in January, 2018.
After setting aside the order dated 12.12.2017 issued by the Senior Superintendent of Post Offices, Guwahati Division, Guwahati, the Tribunal has further directed the petitione
Negligence does not constitute misconduct unless proven intentional or abusive of discretion; mere error of judgment is insufficient for disciplinary action.
The disciplinary authority's findings were upheld, affirming that the process followed was fair and the penalties imposed were justified based on proven misconduct.
The main legal point established in the judgment is the application of Regulations 21, 24, and 39(1) of the LIC of India Staff Regulation, 1960 to establish the petitioner's responsibility for the lo....
The disciplinary authority has the exclusive power to determine the nature and quantum of punishment in disciplinary proceedings, and judicial review is limited to cases where the penalty is grossly ....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
Imposing penalties without conducting an enquiry violates the principles of natural justice, making such actions illegal.
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