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PULLA KARTHIK
G. Balasubramanyam – Appellant
Versus
Board of Governors, National Institute of Technology – Respondent
ORDER :
1. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
The Director of an NIT cannot impose disciplinary actions without explicit delegation of authority from the Board of Governors, violating principles of natural justice.
Disciplinary proceedings initiated by the lending authority post-repatriation are valid; a charge-sheet cannot be challenged unless issued by an authority lacking jurisdiction.
Point of law: Special will always override the general. IIT Statutes is special and CCS (CCA) Rules are the general rules here. In the present case, the Rules governing the disciplinary proceedings a....
Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.
Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.
The principles of natural justice necessitate a hearing prior to adverse administrative decisions impacting employment continuity, particularly when previous performance has been approved.
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.
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.
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