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SANJAY DWIVEDI
Chandramani Mishra (Dr. ) – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Vide order dated 1.9.2020, the respondents/State were granted time to file return, failing which their right to file return shall stand forfeited automatically. Despite that, learned Panel Lawyer is again seeking time to file return, whereas learned counsel for the petitioner submits that return of the respondents is not required in the matter because he is confining his arguments to the legal aspect involved in the matter, therefore, this petition may be heard on the basis of facts mentioned in the petition itself.
2. Considering the aforesaid, this petition is heard finally.
3. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the legality, validity and propriety of the orders dated 11.7.2013 (Annexure-P/4) and 12.5.2017 (Annexure-P/7). Vide order dated 11.7.2013 (Annexure-P/4), the respondents inflicted minor penalty of withholding of two annual increments with non-cumulative effect upon the petitioner and vide order dated dated 12.5.2017 (Annexure-P/7), the Appellate Authority dismissed the appeal preferred by the petitioner wherein he had assailed the order passed by the Disciplinary Authority.
4. For resolving
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
An enquiry is vitiated if the delinquent employee is not provided with copies of documents relied upon for the charge, and the disciplinary authority cannot impose a major penalty after issuing charg....
Disciplinary action must adhere to principles of natural justice; vague charges necessitate a proper inquiry, and appellate decisions require thorough reasoning.
The main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
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