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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, C.J., JIYA LAL BHARDWAJ
Om Prakash – Appellant
Versus
Hon’ble High Court of H.P – Respondent
| Table of Content |
|---|
| 1. challenge to dlsa disciplinary proceedings initiation. (Para 1 , 2) |
| 2. slsa as appointing authority holds exclusive jurisdiction. (Para 3) |
| 3. slsa executive chairman delegates to dlsa chairman. (Para 4 , 5 , 8 , 9) |
| 4. procedural communications precede charge-sheet and appointments. (Para 6 , 7 , 10) |
| 5. parties rely on gopinath and rukma mishra cases. (Para 11 , 12) |
| 6. superior authority delegation validates charge drawing. (Para 13 , 14 , 15 , 16) |
| 7. no prejudice from valid delegation; petition dismissed. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
G.S. Sandhawalia, C.J.
The challenge in the present writ petition is to the initiation of the disciplinary proceedings dated 10th July, 2024 (Annexure P-2) by the District and Sessions Judge, Mandi, under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as per the statement of the articles of charges issued as per Article-I and Article-II.
2. The resultant proceedings, whereby the Inquiry Officer as such was appointed namely Mr. Avinash Chander, Additional District and Sessions Judge, Sundernagar, are also subject matter of consideration, along with the Presenting Officer, Sh. Khem Raj, Record Ke
Disciplinary authority may delegate drawing up of charges to superior officer like Chairman of District Authority upon direction from Executive Chairman of State Authority, validating proceedings wit....
The Disciplinary Authority is competent to initiate disciplinary proceedings for penalties specified in Clauses (v) to (ix) of Rule 11, even if not competent to impose the latter penalties.
Disciplinary proceedings initiated by an incompetent authority are invalid; the Chief Secretary is the proper authority for Group 'B' officers under CCS (CCA) Rules.
Charge memo for major penalty must be approved by competent disciplinary authority; issuance by minor penalty authority without approval vitiates proceedings.
A disciplinary authority may initiate proceedings for penalties if designated in the service rules, but the authority to impose major penalties lies with a separate designated officer.
Disciplinary proceedings must be initiated by the appropriate authority as defined by relevant rules; unauthorized initiation renders proceedings invalid.
Disciplinary proceedings initiated against a government servant were quashed due to lack of jurisdiction and influence from a Minister, violating principles of natural justice.
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