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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MUNNURI LAXMAN
Tina Negi D/o Lt. Shri Jaswant Singh Negi – Appellant
Versus
Director General, Ministry of Railways – Respondent
JUDGMENT :
MUNNURI LAXMAN, J.
1) The present writ petition challenges the enquiry report dated 12.09.2019 and the order of removal dated 26.12.2019 passed by the second respondent, Senior Divisional Security Commissioner, as well as the appellate order dated 30.06.2020 passed by the Deputy Inspector General, Railway Protection Force, Jabalpur.
2) The brief facts leading to the present proceedings are that the petitioner was working as a Female Constable at Kota and was permanently confirmed to the post on 28.07.2006. While she was serving under the Prosecution Office of the Railway Protection Force at Kota, the respondent authorities transferred her on 27.11.2018 to Sawai Madhopur on the ground of administrative exigency, and she was relieved from her existing position by proceedings dated 16.12.2018. The petitioner was on privilege leave on medical grounds, though without a sick certificate as required, until 25.11.2018, whereas the transfer order was issued on 27.11.2018. Thereafter, multiple communications were issued by the competent authority directing the petitioner to join her post at Sawai Madhopur. The petitioner, through the letter dated 10.12.2018, informed the Senior Divis
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
In a departmental proceeding, the absence of willfulness in unauthorized absence from duty does not amount to misconduct, and findings must be based on evidence.
The court emphasized the mandatory provisions of IRMM-2000 regarding decategorization and assignment to lighter duty, and held that the Railway authorities must comply with these rules before declari....
Principles of natural justice must be adhered to in disciplinary proceedings, and authorization of absence cannot be deemed misconduct if due to unavoidable circumstances, necessitating fair treatmen....
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