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2024 Supreme(Online)(CAT) 11113
CENTRAL ADMINISTRATIVE TRIBUNAL
VARUN SINDHU KUL KAUMUDI, Member (A), M. SWAMINATHAN, Member (J)
M.Danasegar – Appellant
Versus
Union of India – Respondent
OA/310/01394/2018
For the Appellants/Petitioners: Party-in-person
For the Respondents: R.Syed Mustafa
Disciplinary authority appearing as witness in inquiry they initiated violates natural justice; no person can judge own cause or certify own testimony. Proceedings vitiated even if punishment by successor authority.
Headnote:(A) CCS (CCA) Rules, 1965 - Rule 14; CCS (Conduct) Rules, 1964 - Rule 3(1)(ii) & (iii) - Disciplinary proceedings - Disciplinary authority who initiated proceedings appeared as witness in inquiry after retirement - Principles of natural justice violated as no person can be judge in own cause or witness certifying own testimony - Inquiry vitiated despite punishment imposed by subsequent authority based on tainted report - Charge memorandum and all consequential orders quashed with liberty to respondents for fresh action. (Paras 7-9)
(B) Disciplinary proceedings - Bias and natural justice - Person with personal stake or appearing as witness must keep aloof from proceedings - Violation renders order null and void, employee's misconduct cannot cure fundamental illegality. (Para 8)
Facts of the case:
Applicant, a lower division clerk, faced disciplinary action for charges of unauthorized leave, failure to attend medical board, willful absence post transfer, and writing insulting letters to superiors. Inquiry held charges I & II proved, III partly proved, leading to penalty of withholding one increment. Applicant challenged proceedings alleging bias as initiating authority testified as witness.
Findings of Court:
Charge memorandum dated 26.09.2012 and consequential orders dated 25/10/2012, 31.03.2014, 11.05.2016, and 04.08.2017 quashed; respondents at liberty to take further action as per rules. No order as to costs.
Issues: Whether disciplinary authority after retirement can witness inquiry initiated by them, rendering proceedings invalid; whether principles of natural justice apply despite proved misconduct.
Ratio Decidendi: Supreme Court precedent holds sacred rule that witness in disciplinary proceedings cannot be inquiry officer or disciplinary authority; apprehension of bias disqualifies adjudicator; violation nullifies entire process regardless of subsequent handling or employee guilt.
Result: Original Application allowed in terms; impugned orders set aside.
| Table of Content |
|---|
| 1. factual background of disciplinary charges and proceedings (Para 1 , 2) |
| 2. respondents defend disciplinary actions and procedures (Para 3) |
| 3. applicant challenges bias and procedural irregularities (Para 5) |
| 4. respondents refute bias claims and justify inquiry (Para 6) |
| 5. disciplinary authority cannot witness own inquiry due to bias (Para 7 , 8 , 9) |
ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))
This OA has been filed by the applicant, seeking the following relief:
“i. To call for records of 5th respondent and set aside impugned orders of 7938/RGGWCH/Estt/E4/2012 dt 26/06/2012 and 25/10/2012 5th respondent
ii. To call for records of 4th respondent and set aside impugned order No.06/2012-US(DI)/CS dated 31.03.2014 of 4th respondent
iii. To call for records of 3th respondent and set aside impugned order No.1234/ED/EE-I/Estt/U7/DP/2016/428 dt 11.05.2016 of 3rd respondent.
iv. To call for records of 2th respondent and set aside impugned order No.686/ID(P)D/2016/P5 dt 04-08-2017 of 2nd respondent
v. To direct the respondents to pay cost and compensation and to recover the same from the erred officials because cost follows events and victim is entitled to compensation.
vi. To direct criminal prosecution and disciplinary action against erred ones.
vii. To provide other remedies as deemed fit.”
2. Brief facts of the case are as follows:
The applicant is working as Lower Division Clerk in the Government of Puducherry. While he was working as such under the Medical Superintendent, Rajiv Gandhi Govt. Women & Children Hospital, Ellaipillaichavady, Puducherry, the 5th respondent, disciplinary action was contemplated under Rule 14 of the CCS (CCA) Rules, 1965. He was issued a charge memorandum, dated 26.09.2012, for the following three charges of misconduct under Rule 3(1) (ii) and (iii) of the CCS Conduct Rules, 1964:-
Article - 1
That the said Thiru M. Danasegar while functioning as LDC. Rajiv Gandhi Govt. Women and Children Hospital, Puducherry has availed commuted leave with Medical Certificate for 9 days for the period from 25.12.2010 to 02.01.2011. The matter was referred to the Medical Board on 31.12.2010 to ascertain the genuineness of the leave. He was instructed by the Assistant Director(RMO), Indira Gandhi Govt. General Hospital and Post Graduate Institute, Puducherry to attend the Medical Board but he did not attend the Medical Board till date vide letter No.AD(RMOVIGGGH&PGI/2012 dt. 24.09.2012 of the Assistant Director (RMO), Indira Gandhi Govt. General Hospital and Post Graduate Institute, Puducherry. Thus, his action amounts to unbecoming of a Government Servant and willful insubordination and disobeying the orders of the Superior Officers and thereby violates Rule 3 (1) (iii) of CCS (Conduct Rules), 1964.
Article – II
That the said Thiru M. Danasegar while functioning as LDC, Rajiv Gandhi Govt. Women and Children Hospital, Puducherry has applied for extension of Extra Ordinary Leave on medical and other personal grounds from 01.01.2012 to 31.08.2012 and further extended E.O.L upto 31.05.2013. The extension of E.O.L was not granted and the individual was directed to report for duty vide Memorandum No. 7938/RGGWCH/Estt/E4/2012, dt.28.08.2012 and Memorandum No. 7938/RGGWCH/Estt/E4/2012, dt.04.09.2012. But he had not complied with the orders of the leave sanctioning authority and remained absent willfully till date. Thus he has failed to maintain devotion to duty and acts subversive of discipline and thereby contravenes Rule 3 (1) (ii) of CCS (Conduct Rules), 1964
Article-III
That the said Thiru M. Danasegar while functioning as LDC, Rajiv Gandhi Govt. Women and Children Hospital, Puducherry has written several letters which is insulting and insubordinate to such a degree that he is incompatible with the continuance of the employee and the employer. He is also abusing the Superior Officers with unparliamentary words. Thus his act amounts to unbecoming of a Government Servant and thereby violates Rule 3 (1) (iii) of CCS
