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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vishal Mishra
Pawan Kumar Dookia – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. relevant background regarding the complaint submitted by the petitioner. (Para 2 , 3 , 4) |
| 2. arguments regarding the petitioner's alleged misconduct. (Para 5 , 6 , 8) |
| 3. legal standards and reasoning applied to the charge-sheet. (Para 18 , 20 , 21) |
| 4. final ruling regarding the legality of the disciplinary actions. (Para 24 , 26) |
ORDER :
Vishal Mishra, J.
The present petition has been filed assailing the order dated 13/15.04.2024 passed by the respondent No.3 whereby memorandum of charge has been issued to hold an enquiry against the petitioner on the imputed charges under Rule 30 of the Coal Indian Executives Conduct, Discipline and Appeal Rules, 2021.
2. It is the case of the petitioner that he is working with respondent company and is currently posted as Dy. Manager (HR/Pers.)/ E-4 Grade, Manpower and Recruitment department Northern Coalfields Limited, Singrauli (M.P.). He belongs to the Cadre of Executives whose services conditions are governed by Coal India Executives’ Conduct, Discipline and Appeal Rules, 2021 (hereinafter referred to as the Rules of 2021'). The petitioner made a complaint against respondent no. 5 vide email dated 15/02/2024 raising an issue of mi
Disciplinary actions based on complaints must show proper inquiry and application of mind; arbitrary charge-sheets are liable to be quashed.
A disciplinary authority may initiate proceedings for penalties if designated in the service rules, but the authority to impose major penalties lies with a separate designated officer.
The Disciplinary Authority is competent to initiate disciplinary proceedings for penalties specified in Clauses (v) to (ix) of Rule 11, even if not competent to impose the latter penalties.
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
Government servants' conduct is regulated by specific rules, and actions outside official duties can still constitute misconduct if they undermine integrity or reflect poorly on their position.
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