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PUSHPENDRA SINGH BHATI
Vikas Garg – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
1. That the impugned order of punishment dated 26.05.2016 forwarded by letter dated 31.05.2015 (Annex.26) may kindly be quashed and set aside.
2. That the impugned order of recovery dated 02.08.2016 (Ann.27) may kindly be quashed and set aside.
3. That the petitioner may also kindly be granted relief in consonance with the facts stated and the grounds taken in the memo of writ petition.
4. Writ petition filed by the petitioner may also kindly be allowed with costs.”.
2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was appointed as Junior Engineer in the respondent-Department; he was further promoted to the post of Assistant Engineer on 04.01.2007, and while he was so promoted, the petitioner was relieved on 06.01.2007, for the purpose of joining at his place of posting, upon transfer, and was directed to entrust his charge to one Shri Rahul Goyal. Des
The disciplinary authority must record its own findings and provide an opportunity for the delinquent employee to respond if it disagrees with the findings of the inquiry officer. The delay in initia....
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The High Court confirmed that the Disciplinary Authority's decision to impose a penalty is sustainable if procedures are adhered to and the findings are not perverse, maintaining limited judicial rev....
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
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