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HARSIMRAN SINGH SETHI
Ram Chander Bajaj – Appellant
Versus
Punjab State Through Secretary – Respondent
| Table of Content |
|---|
| 1. proper departmental proceedings required for dismissal (Para 4 , 5 , 6 , 7) |
| 2. arguments regarding procedure and discrimination in punishment (Para 8 , 15 , 17) |
| 3. court's authority limited in reviewing disciplinary actions (Para 9 , 10 , 11 , 12 , 14 , 16) |
| 4. supreme court’s ruling on disciplinary authority (Para 13) |
| 5. appeals dismissed with no interference warranted (Para 18) |
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
CM-1272-C-2023
Present application has been filed for placing on record synopsis in compliance of order dated 13.09.2022 passed by a Coordinate Bench of this Court.
2. Application is allowed. Synopsis are taken on record.
Main Appeals
3. By this common order, above mentioned two regular second appeals, which have arisen out of the common departmental proceedings which were held against both the appellants, are being disposed of.
4. Certain facts need to be mentioned so as to appreciate the controversy in a correct perspective.
5. The appellants in both the appeals were working with the respondent-department of Food and Supply Punjab. Keeping in view certain shortages/misappropriation of stock which were found, departmental proceedings were initiated agai
The court upheld the dismissal of the petitioner, affirming that the inquiry was conducted fairly and in accordance with legal principles, with no grounds for interference.
The court upheld the dismissal of an employee for negligence, affirming that disciplinary proceedings complied with procedural fairness and substantiated charges.
The court refused to remit the matter for a de novo enquiry due to the prolonged duration of the disciplinary proceedings and the impending retirement of the appellant. The punishment imposed was fou....
The court does not act as a Court of appeal in departmental proceedings and considers the conduct of the appellant before and after the punishment order.
Judicial review of disciplinary actions is limited to examining procedural fairness, not re-evaluating evidence; proportionality of punishment must be considered within the context of the employee's ....
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
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....
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