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RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
S. C. RAMPAL – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. challenge to disciplinary actions based on transfer and absence. (Para 1 , 2) |
| 2. allegations regarding improper inquiry process. (Para 3) |
| 3. inquiry process followed established legal principles. (Para 4 , 6 , 7 , 8 , 9) |
| 4. legal standards for reviewing inquiry findings. (Para 10 , 11 , 12) |
| 5. final order dismissing the writ petition. (Para 13) |
ORDER PURUSHAINDRA KUMAR KAURAV, J. : – The instant petition has been filed by the petitioner challenging the order dated 28-7-2005, passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in Original Application No. 633 of 2004, whereby, the Original Application of the petitioner has been dismissed.
2. The brief facts of the case are that when the petitioner was posted at Bhopal as officiating Commanding Officer of 1 Madhya Pradesh Navel Unit NCC, Bhopal, he was transferred vide order dated 5-4-1990 to Changnacherry (Kerala). The petitioner on 5-5-1990 made representation against his transfer to DG NCC, New Delhi. On his representation, DG NCC, vide order dated 11-6-1990 changed the place of posting from Changnacherry to Vishakhapatnam (Andhra Pradesh). The petitioner challenged the said order in Original Appli
Advocates appeared :For the Appellant : Sankalp Kochar, Siddharth Shrivastava
The Tribunal upheld the disciplinary proceedings against the applicant for gross misconduct, confirming that natural justice was observed and penalties were within the discretion of the authority.
The court upheld the disciplinary action against the petitioner for unauthorized absence, finding no procedural irregularities and confirming the penalty of removal from service as justified.
Disciplinary proceedings must adhere to principles of natural justice, ensuring proper inquiry and the summoning of all relevant parties.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
Disciplinary authority's findings and procedural compliance are crucial; undue delay in inquiry does not automatically invalidate disciplinary outcomes.
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