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SUREPALLI NANDA
M. Venkateshwerlu – Appellant
Versus
ASPRTC – Respondent
ORDER :
1. Heard learned counsel for the petitioner and learned standing counsel appearing on behalf of the respondents.
2. This writ petition is filed to issue an appropriate writ or direction particularly one in the nature of Writ of Certiorari to quash the impugned proceedings No. 02/95/(27)/05-IBM, dated 18.12.2006 in postponing the petitioner’s annual increment for a period of two years which shall have the effect of the petitioner’s future increments besides treating the suspension period as not on duty as illegal and in violation of principles of natural justice as well as in violation of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the respondents to restore the postponed increment duly treating the suspension period as on duty along with all consequential benefits.
3. The case of the petitioner, in brief, as per the writ affidavit, is as follows:
The court emphasized that charges of misconduct must be supported by substantial evidence and that the prescribed procedures must be followed. The court also highlighted the principle that the punish....
The court can modify disciplinary actions when found disproportionate to the proven misconduct.
The court upheld that procedural irregularities in domestic enquiries do not invalidate findings if substantiated by evidence, reaffirming the limited scope of judicial review against disciplinary ac....
Point of law: punishment imposed on the petitioner by way of removal from service is shockingly disproportionate to the charge of closing the SR prematurely and this requires to be interfered with by....
Disciplinary actions must be clearly justified and charges appropriately framed; reliance on benefit of doubt requires correct application in penalties.
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