Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI
Sunil Kumar S/o Late Shri J.S. Yadav – Appellant
Versus
Union of India through the Secretary Home, Ministry of Home, New Delhi – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. The matter pertains to the year 2005 and is listed in the hearing category.
2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
“i. By an appropriate writ, order or direction, the punishment order dated 21.01.2003 Annex.13, appellate order 09.06.2003 Annex.14 and revisional order 22.01.2004 Annex.15 may be quashed.
ii. Any other appropriate writ, order or direction which this Hon’ble Court deems fit in the facts and circumstances of the case, may be passed in favour of the humble petitioner.
iii. Cost may be awarded.”
3. Mr. Dheeraj Jangid, learned counsel appearing on behalf of the petitioner submits that the petitioner was charge-sheeted for disobedience of the order of his superior vide charge-sheet dated 22.09.1998. The departmental inquiry culminated in an award of censure dated 29.09.2000.
3.1. It is further submitted that the petitioner preferred an appeal against the said order, which came to be decided on 22.03.2001. By the said order, the departmental inquiry and the punishment were set aside and a de novo inquiry was directed, primarily on the ground that the petitioner h
The appellate authority exceeded its jurisdiction by entertaining an appeal against a punishment not permitted under the statutory framework, rendering all related orders void.
The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
The appellate authority must issue a reasoned order in disciplinary proceedings; failure to do so renders the order invalid.
Representation under Rule 25 cannot bypass statutory appeal and revision processes as per the Uttar Pradesh Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991.
Statutory timelines in disciplinary procedures must be strictly adhered to, as violations render actions null and void.
Due process mandates proof of charges in disciplinary proceedings under administrative rules, and an alternative remedy for appeal must be considered.
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
