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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Gurnam Singh, Constable No. 913441547 – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. disciplinary actions stem from complaints (Para 1 , 2) |
| 2. arguments contesting the validity of the disciplinary process (Para 4) |
| 3. judicial review standards in disciplinary matters (Para 5) |
JUDGMENT :
Sandeep Moudgil, J.
1.Prayer
The jurisdiction of this Court has been invoked under Articles 226/227 of the Constitution of India seeking quashing of Memorandum/charge sheet dated 29.09.2009 (Annexure P-2) issued by respondent No 5, order dated 16.06.2010 (Annexure P-5) passed by respondent No 5 imposing penalty reduction of pay one stage, show cause notice dated 08.10.2010 (Annexure P-6) issued by respondent no. 4 for enhancement of punishment, order dated 31.01.2011 (Annexure P-8) passed by respondent No 4 whereby the punishment was enhanced, order dated 11.10.2011 (Annexure P-10) passed by respondent No 3 rejecting petitioner’s appeal and order dated 07.01.2014 (Annexure P-11) passed by respondent No 2 rejecting petitioner’s revision petition.
2. Brief Facts
The petitioner was serving as a Constable in the Central Industrial Security Force (CISF). He was transferred from CISF Unit Punjab and Haryana, Chandigarh to CISF Unit NTPC Dadri vide movement order dated 30.06.2
The Disciplinary Authority may independently impose penalties based on a preponderance of evidence, even if the Enquiry Officer finds the accused innocent, provided proper procedures are followed.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
The absence of a Presenting Officer does not vitiate disciplinary proceedings if conducted fairly, and misconduct is defined as conduct inconsistent with the faithful discharge of duty.
Court found the disciplinary action based on flawed inquiry lacking evidence, emphasizing the need for just proceedings in stated misconduct cases.
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
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