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JAGMOHAN BANSAL
A. S. Sandhu – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 01.06.2023 (Annexure P-17) whereby respondents have deducted a sum of Rs. 6.5 Lakh from the gratuity of the petitioner and further reduced pension by 10% for two years commencing from 01.07.2023.
2. The petitioner joined respondent No. 2-National Institute of Pharmaceutical Education and Research, Mohali on 10.05.1996 and he served the said institute upto 30.04.2020. The petitioner was posted as Garden Supervisor in the department of Industrial Products and in January' 2019 he was assigned additional charge of Registrar though he was neither eligible for appointment on the said post nor he was having any knowledge of administration. The date of superannuation of the petitioner was 30.04.2020 and respondent No. 2, on 15.02.2020, in terms of Rule 14 of CCS (CCA) Rules, 1965 served charge-sheet upon the petitioner. The respondent No. 2 by impugned order dated 01.06.2023 has partially held the petitioner guilty of charges levelled in the charge-sheet. The petitioner was subjected to following punishments:-
The High Court can entertain a writ petition despite the availability of an alternative remedy if the order is arbitrary or unjust, emphasizing the need for fairness in administrative actions.
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
The entire service period of a Daily Wager qualifies as 'continuous service' for gratuity under the Payment of Gratuity Act, 1972, but writ petitions should not be entertained when an alternative sta....
The main legal point established in the judgment is the requirement of jurisdiction for a court to adjudicate a challenge to an order, and the impact of the absence of jurisdiction on the maintainabi....
Alternative remedies do not bar the maintainability of writ petitions under Article 226, especially in cases involving fundamental rights or jurisdictional issues.
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