Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Jogendra Nagpal S/O Late Shri K.R. Nagpal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant writ petition, a challenge has been made to the impugned order dated 27.05.2022 passed by the disciplinary authority as well as the order dated 10.02.2023 passed by the Appellate Authority.
2. By way of passing the impugned order dated 27.05.2022, the petitioner has been punished with penalty of stoppage of two annual grade increments without cumulative effect and the appeal preferred against the aforesaid order has been rejected vide order dated 10.02.2023 by the Appellate Authority.
3. Learned counsel for the petitioner submits that disciplinary action was initiated against the petitioner under Regulation 7 of Rajasthan Rajya Vidyut Prasaran Nigam Employees (CC&A) Regulations-1962 (for short ‘Regulations, 1962’) wherein certain charges were framed against the petitioner wherein an enquiry was conducted and on the basis of the said enquiry, the punishment order was passed. Counsel submits that without recording any findings in terms of Regulation 7(1)(viii) of the Regulations, 1962, the order impugned has been passed by the disciplinary authority and this fact has been overlooked by the disciplinary authority, hence, on thi
Disciplinary authorities must adhere to procedural regulations, including recording separate findings when imposing penalties based on enquiry reports.
The disciplinary authority must provide the enquiry report and communicate any points of disagreement to the employee to uphold principles of natural justice.
Disciplinary authorities must adhere to procedural fairness by recording reasons for disagreement with enquiry findings and allowing representation before imposing penalties.
Employment and Service matter - Removal From service - Disqualification - Appellate authority in disciplinary proceeding acts in quasi judicial capacity and order passed has to be reasoned one and sh....
The disciplinary authority must conduct an inquiry before imposing penalties unless it can demonstrate that it was unnecessary, and such opinion must be documented.
Service Law – Setting aside of punishment imposed justified - Objective of reasons to be recorded under Rule 9(4) mandatory if not recorded is fatal
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.
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
