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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Chandeshwar Singh, S/o Late Kesho Singh – Appellant
Versus
Coal India Limited – Respondent
ORDER :
SRI ANANDA SEN, J.
1. By way of filing this writ petition, the petitioner has sought for the following reliefs:-
a) For issuance of an appropriate writ(s), order(s), direction(s), specifically a writ in the nature of certiorari for quashing of the order dated 19.01.2021 as contained in Memo No. CCL/VIG/RDA-08/19/20-21/1841, issued by the respondent no.4 whereby and whereunder major penalty of “Reduction of one stage lower for a period of one year in time scale starting from 01.01.2021 without cumulative effect” has been imposed upon the petitioner.
b) For issuance of an appropriate writ(s), order(s), direction(s), specifically a writ in the nature of certiorari for quashing of the appellate order dated 10.05.2021 as contained in Memo No. CIL/ GM/(P)/Appeal /21/708/AA/ 303, issued by the respondent no.1, wherein the appellate authority has been pleased to uphold the penalty of “Reduction of one stage lower for a period of one year in time Scale starting from 01.01.2021 without cumulative effect” imposed by the CMD, CCL /DA, vide order no. CCL /VIL/RDA-68/19 /20-21/1841, dated 19.01.2021.
c) During the pendency of the case, be further pleased to direct the respondents to keep one
The High Court confirmed that the Disciplinary Authority's decision to impose a penalty is sustainable if procedures are adhered to and the findings are not perverse, maintaining limited judicial rev....
Disciplinary Authority must provide reasons for differing from the Enquiry Officer's findings in a second show cause notice to ensure compliance with principles of natural justice.
The standard of proof in disciplinary proceedings is based on preponderance of probabilities, and courts will not interfere unless the punishment is shockingly disproportionate to the misconduct.
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
The disciplinary authority must record its own findings and provide an opportunity for the delinquent employee to respond if it disagrees with the findings of the inquiry officer. The delay in initia....
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
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