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ANOOP KUMAR DHAND
Pawan Prajapati – Appellant
Versus
Union of India – Respondent
ORDER :
Anoop Kumar Dhand, J.
The issue involved in this petition is "whether any Administrative action or order is required to be supported by reasons? Whether the Disciplinary and Appellate Authority is supposed to pass a speaking order before taking any action against an employee?"
2. Instant petition has been filed by the petitioner with the following prayer:-
(i) to quash and set aside the orders dated 8.3.2004 & 31.08.2004 and directed the respondents to reinstate the petitioner with all consequential benefits.
(ii) to direct the respondents to restore the benefits as if impugned orders had never been passed.
(ii) Any other relief which this Court deem fit and proper in facts and circumstances of the case may also be awarded.
(iii) Award cost of the writ petition."
3. Counsel for the petitioner submits that the petitioner was serving as a Constable in Border Security Force (for short 'BSF') and he was granted 8 days casual leave from 27.10.2003 to 4.11.2003 but he over-stayed for 77 days and he rejoined his services on 20.01.2004. Counsel submits that the reason for his absence was the ailments of his parents.
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
The main legal point established in the judgment is that the punishment order against an employee must provide good and sufficient reasons, and a non-speaking order is not sufficient.
The main legal point established in the judgment is that the requirement to record reasons for decisions is a fundamental aspect of natural justice and is essential for the validity of judicial and q....
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
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