Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Umesh Kumar Sharma, S/o. Late Shri Manohar Lal Sharma – Appellant
Versus
Rajasthan Rajya Vidyut Prasaran Nigam Limited, Through Its Chairman Cum Managing Director – Respondent
JUDGMENT :
(ANAND SHARMA, J.)
1. In the instant writ petition, the petitioner has assailed the validity and propriety of penalty order dated 25.07.2022 passed by the Chairman cum Managing Director of Rajasthan Rajya Vidyut Prasaran Nigam Ltd., (for short, ‘RRVPNL’) as well as the appellate order dated 18.05.2023 passed by the Secretary (Admn.) R.V.P.N. Ltd., whereby penalty of stoppage of one Annual Grade Increment without cumulative effect has been imposed upon the petitioner and subsequently confirmed by the Appellate Authority.
2. Facts in brief are that the petitioner has filed the instant writ petition and has stated while he was holding the post of Assistant Engineer, he was served with a charge-sheet dated 18.06.2018 under Regulation No.7 of the Employees (Classification, Control and Appeal) Regulation-1962 of RRVPNL (for short, ‘the CCA Rules’) levelling as many four charges in respect of his integrity and devotion of duty as well as highlighting his negligence, dereliction of duty and violations committed by him while discharging the duties. Petitioner stated that disciplinary enquiry was conducted against him pursuant to the charge-sheet dated 18.06.2018, however, copy of th
The disciplinary authority must provide the enquiry report and communicate any points of disagreement to the employee to uphold principles of natural justice.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
The disciplinary authority must conduct an inquiry before imposing penalties unless it can demonstrate that it was unnecessary, and such opinion must be documented.
Disciplinary authority must supply enquiry report to employee before forming punishment opinion; failure breaches natural justice without needing prejudice proof; proceedings remanded for compliance.
Disciplinary authorities must adhere to procedural regulations, including recording separate findings when imposing penalties based on enquiry reports.
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
