Back
PUSHPENDRA SINGH BHATI, RAJENDRA PRAKASH SONI
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Gyan Chand, S/o. Shri Bhagirathji – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. This Special Appeal has been preferred under Rule 134 of the Rajasthan High Court Ordinance, 1952 against the order dated 05.12.2022 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.180/2004 (Gyan Chand Vs. The Bharat Petroleum Corporation Ltd. & Anr.), whereby the writ petition preferred by the respondent (hereinafter referred to as ‘writ petitioner’) was disposed of, while remanding the matter back to the appellant-Corporation with a direction to reconsider the same on the aspect of punishment of dismissal imposed upon the writ petitioner.
2. As per the pleaded facts, the writ petitioner was appointed as a Watchman (Grade-II) with the appellant-Corporation vide order dated 12.01.1987, however, was served a charge-sheet in the year 2002 with the allegation of submitting a forged Transfer Certificate at the time of appointment; accordingly, an enquiry was conducted against the writ petitioner and as per the enquiry report dated 20.05.2003, the writ petitioner was found guilty of misconduct, and resultantly, dismissed from service vide order dated 27.11.2003.
2.1. Thereafter, the writ petitioner preferred th
The main legal point established is that the High Court's interference with the punishment imposed by the Disciplinary Authority is limited to cases of shockingly disproportionate punishment or proce....
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Submission of a forged educational certificate for obtaining employment by promotion warrants dismissal and not reversion, and the terms of appointment do not cover obtaining appointment by fraud and....
The main legal point established in the judgment is that the punishment imposed by the Disciplinary Authority must consider various factors such as the gravity of misconduct, previous record, and any....
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
