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SURESHWAR THAKUR, SUDEEPTI SHARMA
Sangeet Pal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Sureshwar Thakur, J.)
The instant petition has been preferred by the petitioner seeking quashing of -
(ii) The impugned adverse remarks in ACR of 2008-2009 of the petitioner.
(iii) B satisfactory/average grading in ACRs of 2009-2010 of the petitioner.
(iv) The non-recording of ACR of 2010-2011 of the petitioner.
(v) The impugned order dated 8.8.2012 reverting the petitioner.
(vi) The impugned change in the venue and of inquiry officer and impugned invalid inquiry report dated 19.5.2014.
(vii) The impugned recommendation of Vigilance/Disciplinary Committee in its meeting dated 16.9.2014 and the resolution passed on dated 21.1.2015 of the Hon’ble Full Court for imposing penalty of dismissal of the petitioner from service on the basis of the impugned ACR for the year 2008-2009.
(viii) The impugned order dated 10.3.2015 of the Government of Punjab dismissing the petitioner from service with immediate effect.
(ix) Impugned withholding of GPF of the petitioner till the pendency of the present petition.
Brief facts of the case
2. In the instant petition, it is averred that the petitioner was appointed as a Civil J
The dismissal of a judicial officer was quashed due to violation of natural justice and lack of proper inquiry into adverse remarks in ACRs.
Adverse entries relating to specific incidents should ordinarily not find a place in ACR, unless in the course of departmental proceedings, a specific punishment such as censure has been awarded on t....
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
The adverse entry awarded to the petitioner was quashed as it was found to be illegal and not based on tangible material. The decision of the Administrative Committee was also quashed. The court dire....
Departmental punishments must not violate principles of proportionality and reasonable limitation periods.
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