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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni Krishnan Nair
Bhaskar Pratim Kalita, S/O- Late Harin Chandra Kalita – Appellant
Versus
State Of Assam Rep. By Its Secretary To The Govt Of Assam, Deptt of Power – Respondent
| Table of Content |
|---|
| 1. challenge to disciplinary action and penalties. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments against disciplinary findings. (Para 8 , 9 , 10 , 11 , 12) |
| 3. respondent's defense of the disciplinary authorities' conclusions. (Para 13 , 14 , 15) |
| 4. details of the disciplinary action and allegations against the petitioner. (Para 19 , 26) |
| 5. court's evaluation of evidence and conclusions drawn by the enquiry officer. (Para 23 , 24 , 27 , 29 , 32) |
| 6. court's conclusions regarding evidence and sustaining of penalties. (Para 33) |
| 7. court's decision to set aside previous orders. (Para 35 , 36 , 38) |
JUDGMENT :
N. Unni Krishnan Nair, J.
Mr. B. K. Das, learned counsel for the petitioner and Mr. K. P. Pathak, learned standing counsel, APDCL, appearing for the respondents No 2 to 5.
2. The petitioner by way of instituting the present proceeding has assailed an order dated 30.10.2017, issued by the Managing Director, APDCL, imposing upon him a penalty of “Stoppage of 2 (two)annual increments” on conclusion of a Departmental Proceeding instituted against him. The petitioner has also presented a challenge to the Enquiry Report dated 29.03.2017 as well as the order dated 02.08.201
Penalty in disciplinary proceedings must be based on established charges; if the main charge is not proved, subsequent derivative charges cannot justify a penalty.
The court ruled that failure to follow prescribed disciplinary procedures invalidates termination, emphasizing the necessity of fair process in disciplinary actions.
Disciplinary proceedings require sufficient evidence to support allegations of misconduct; lack of evidence renders the proceedings flawed.
A disciplinary punishment cannot stand if it is not supported by the statutory rules or if the misconduct is not tied to lawfully assigned duties, as established in the Coal India Executives’ Conduct....
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
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