Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANASH RANJAN PATHAK, MITALI THAKURIA
Union Of India, Represented By General Manager – Appellant
Versus
Pradip Kumar Nandy – Respondent
JUDGMENT :
(M. Thakuria, J)
Heard Mr. Gautam Goswami, learned Standing Counsel, Railway Department appearing for the petitioners and Mr. Santanu Nandan Tamuli, learned counsel for the sole respondent.
2. This writ petition under Article 226/227 of the Constitution of India has been filed challenging the legality and validity of the impugned Judgment and Order dated 30.11.2017, passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati, in Original Application No. 040/00410/2015 (Shri Pradip Kumar Nandy Vs. Union of India & Ors.), allowing the Original Application filed by the applicant/respondent against the petitioners/Railways.
3. It is to be noted here that the learned Central Administrative Tribunal (in short, ‘CAT’), Guwahati Bench, Guwahati, while passing the judgment and order dated 30.11.2017, had set aside the Order of Disciplinary Authority, bearing No. E/74/DAR/5/P, dated 12.12.2008, pursuant to a Disciplinary Proceeding initiated by it against the respondent for major penalty under Rule 9 of Railway Servant (Discipline & Appeal) Rules, 1968 (hereinafter referred to as ‘Rules of 1968’) of removal from service of the respondent for unauthorized absence fr
Disciplinary actions must adhere to principles of natural justice by ensuring clearly framed charges and proportionate penalties for employee misconduct.
Unauthorized absence must be proven willful to constitute misconduct; failure to provide a fair hearing violates principles of natural justice.
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
