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AMAN CHAUDHARY
Darshan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Aman Chaudhary, J.
The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is for quashing the impugned memo dated 20.06.2012, Annexure P-1, whereby the petitioner was dismissed from service; orders dated 26.11.2020, Annexure P-5 passed by respondent No. 3 upholding his dismissal, as also 26.07.2021, Annexure P-16 rejecting the appeal filed by him.
2. Learned counsel would submit that against the petitioner, who was working as Patwari, a private complaint was filed against him before the Sub Divisional Judicial Magistrate, Gidderwaha on 27.03.2001 under Sections 420/467/468/471/34 IPC, by one Sh. Raj Singh s/o Hakam Singh, r/o Village Kakhan Wali, Tehsil Malout, wherein he was convicted by the Court of learned Chief Judicial Magistrate, Sri. Muktsar Sahib, vide judgment dated 05.11.2011. Consequently, his services came to be terminated by the Deputy Commissioner- cum-Collector, Sri. Muktsar Sahib on 20.06.2012 without holding any departmental enquiry, by rather relying on under Rule 5 (ix) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter to be referred as 1970 Rules'). Though, the appeal filed
Quasi-judicial authorities must provide reasoned decisions in disciplinary proceedings; failure to do so invalidates their orders.
The necessity of providing reasons in administrative decisions is crucial for ensuring justice and accountability.
Non-speaking orders and non-consideration of the petitioner's representation led to the quashing of the dismissal orders.
The court has the authority to review dismissal orders under Article 226 of the Constitution of India and can set them aside if found to be unsustainable procedurally, in proportionality, and timing ....
The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.
Procedural irregularities in disciplinary proceedings, lack of evidence of acknowledgment of inquiry summons, and non-speaking order by the Appellate Authority warrant setting aside the impugned orde....
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