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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, Syam Kumar V.M.
P.V.Suresh Babu – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Commerce And Industry, Department Of Commerce, Udyog Bhawan, New Delhi – Respondent
| Table of Content |
|---|
| 1. imposition of penalty challenged based on discriminatory treatment. (Para 2) |
| 2. judgment set aside, emphasizing natural justice. (Para 4 , 8) |
| 3. non-supply of documents impaired defense capability. (Para 5) |
| 4. high court's limited role in reviewing disciplinary proceedings. (Para 7) |
JUDGMENT :
Syam Kumar V.M., J.
This Writ Appeal is filed challenging the judgment of the learned Single Judge dated 02.02.2023 in W.P.(C) No.722 of 2012. Appellant was the petitioner in the W.P.(C).
2. Appellant had in the Writ Petition challenged Exhibits P8, P13 and P16 which were issued as part of the disciplinary proceedings initiated against him. The Disciplinary Authority imposed a penalty of reduction in pay upon him and he alleged that the penalty imposed upon him would incur a pecuniary loss of more than Rs.17,00,000/-. He had contended that while the other employee, who had been charge sheeted along with him for the very same offence, had only been given a lesser penalty of withholding increments for 3 years, he was visited with a more harsh and disproportionate punishment. The appellant had thus filed the W.P. (C) seeking the to quash Exhibits P8, P13 and P16.
3. The learned Single
Non-supply of crucial documents during disciplinary proceedings violated principles of natural justice, justifying the quashing of disciplinary findings.
A disciplinary action cannot rely solely on unverified documents, requiring witness testimony to substantiate evidence in proceedings.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Point of law: no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
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