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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
S. Limbadri – Appellant
Versus
Northern Power Distribution Company of Telangana State Ltd – Respondent
ORDER :
1. Seeking to set aside the Enquiry Report dated 23.08.2018 of respondent No.3, Memo dated 20.04.2019 of respondent No.1 imposing the punishment of compulsory retirement and the modified punishment imposed by respondent No.2 vide Memo dated 27.01.2020, the present Writ Petition is filed.
2. Brief facts of the case are that while the petitioner was working as Additional Assistant Engineer, a charge sheet vide Memo No.DEE(Enq.II) NPDCL/Wgl./F.No.2283, D.No.10/18, dated 07.02.2018, framing four charges and calling for his explanation, was issued by respondent No.3, who is an incompetent authority to do so. However, the petitioner has submitted a detailed explanation on 27.06.2018 denying all the charges and requesting to absolve him from the charges. Respondent No.3 having not satisfied with the said explanation has initiated an oral enquiry vide proceedings dated 26.07.2018, conducted enquiry and also submitted his enquiry report vide letter No.DEE (Enq.II) NPDCL/Wgl./F.No. 2283, D.No.76/18, dated 23.08.2018, holding that the four charges levelled against the petitioner are proved. Basing on the said Enquiry Report, respondent No.1 has issued a show cause notice dated 06.09.201
The framing of charges by an Enquiry Officer does not invalidate disciplinary proceedings, and modified punishments can be upheld if deemed proportionate.
The main legal point established in the judgment is the requirement for an independent and impartial Enquiry Officer, the observance of natural justice, and the appointment of a Presenting Officer in....
Unexplained delay in disciplinary proceedings may indicate bias and prejudice, and procedural irregularities can render the entire proceeding non est in the eye of law.
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
Disciplinary proceedings must adhere to principles of natural justice, and disproportionate punishment may be reduced by the court.
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
The central legal point established in the judgment is the requirement for disciplinary authorities to base their findings on cogent reasons, seek explanation before inflicting major penalty, and pro....
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