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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
P. Dhandavarayan S/o Palani – Appellant
Versus
Asset Manager (ED) Oil and Natural Gas Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge regarding disciplinary order (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding lack of evidence and due process (Para 6 , 7 , 8) |
| 3. court's observations on procedural irregularities (Para 10 , 11 , 12 , 19) |
| 4. legal requirements for sustaining disciplinary actions (Para 20 , 21) |
| 5. quashing of the disciplinary order (Para 22) |
ORDER :
1. The petitioner challenges the order dated 27.10.2016 passed by the first respondent. By the said order, the petitioner was imposed with the minor punishment of forfeiture of Performance Related Pay in full for the year 2015, in terms of Paragraph 34(ii) of the ONGC CONDUCT, DISCIPLINE AND APPEAL RULES , 1994 (Amended 2011) (hereinafter referred to as the “ONGC Rules”).
2. The petitioner, while serving as Executive Senior Foreman (Carpentry) in the respondent Corporation, was issued a charge memo alleging that he had borrowed money from one Sivaguru, son of Ramasamy, and that the cheques issued by him towards repayment were dishonoured on 09.11.2015. It was alleged that, by such acts, he had committed offences under Sections 138 and 142 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal Code.
3.
Disciplinary actions must comply with natural justice and legal standards, ensuring the Disciplinary Authority provides independent reasoning for decisions; otherwise, such orders are unsustainable.
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Disciplinary proceedings must adhere to established rules, and penalties cannot be imposed for uncharged allegations without proper justification.
Disciplinary actions must adhere to principles of natural justice, and failure to provide relevant evidence undermines the validity of proceedings.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
Disciplinary proceedings must adhere to established rules, and findings must be based on charges explicitly stated; failure to do so renders the proceedings invalid.
Vague charges in disciplinary proceedings violate principles of natural justice, hindering the right to a fair defense and necessitating clear evidence for findings.
Disciplinary proceedings must adhere to principles of natural justice and require cogent evidence; failure of the authority to produce documents and examine witnesses invalidates the outcome.
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