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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
C.S.P. Rao – Appellant
Versus
Government Of India – Respondent
ORDER :
1. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
“…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the impugned Article of Charges vide Memo NO.NITW/BoG/Disc./ID- 471/2023/3387, dated 24.1.2023 NIT Warangal issued by the 2nd respondent for holding inquiry against the Petitioner &Consequent appointment of Inquiring Authority in Lr.No.IO/CSPR/02, dt. 1st October, 2024 as wholly illegal, arbitrary and violative of Articles 14, 16 & 21 of the Constitution of India apart from being violative of principles of natural justice and consequently setaside the 2nd respondent’s Article of Charges vide Memo NO.NITW/BoG/Disc./ID- 471/2023/3387, dated 24.1.2023 NIT Warangal & Consequent appointment of Inquiring Authority in Lr.No.IO/CSPR/01, dt. 1st October, 2024 and pass…”
2. The brief facts of the case are as follows:
2.1 The petitioner was appointed as a Lecturer in Mechanical Engineering in the Regional Engineering College at Warangal (re- structured as National Institute of Technology (NIT) Warangal in 2002) on 19.03.1990, and was elevated as Asso
Disciplinary proceedings initiated by the lending authority post-repatriation are valid; a charge-sheet cannot be challenged unless issued by an authority lacking jurisdiction.
The Director of an NIT cannot impose disciplinary actions without explicit delegation of authority from the Board of Governors, violating principles of natural justice.
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 initiated by an authority subordinate to the appointing authority do not violate Article 311; the standard for punishment must align with proven misconduct.
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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