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2025 Supreme(Online)(CAT) 7781
CENTRAL ADMINISTRATIVE TRIBUNAL
Sudhi Ranjan Mishra, J, Pramod Kumar Das, A
Sarbeswar Das – Appellant
Versus
Union of India – Respondent
O.A.No. 260/00523 of 2023
For the Applicant: Ms. J. Jena
For the Respondents: Ms. S.B. Das
Disciplinary proceedings are invalid if initiated by an authority biased against the employee, violating natural justice principles.
Headnote:(A) CCS (Conduct) Rules, 1964 - Rule 3(1)(iii) - CCS (CCA) Rules, 1965 - Disciplinary proceedings initiated against a government servant for derogatory remarks in representations - The court held that the charge sheet was issued by the same authority who was the subject of the remarks, violating the principle of natural justice. (Paras 10, 11, 12, 13)
(B) Natural Justice - The principles of natural justice require that no one should be a judge in their own cause, and any bias in disciplinary proceedings renders the process invalid. (Paras 11, 12)
Facts of the case:
The applicant raised grievances regarding transfer orders and was charged for making derogatory comments about his appointing authority, leading to disciplinary proceedings initiated against him.
Findings of Court:
The charge sheet was quashed as it was issued by a biased authority, violating the principle of natural justice.
Issues: Whether the disciplinary proceedings initiated against the applicant were valid considering the bias of the authority issuing the charge sheet.
Ratio Decidendi: The court emphasized that a disciplinary authority cannot initiate proceedings against an employee while being the subject of their comments, affirming the need for impartiality in such matters.
Result: Memorandum of charges dated 01.09.2023 is quashed.
| Table of Content |
|---|
| 1. initiation of disciplinary proceedings based on derogatory remarks. (Para 2 , 3) |
| 2. respondents' counter to the applicant's claims regarding the charge sheet. (Para 4 , 5) |
| 3. arguments regarding the validity of the charge sheet and potential bias. (Para 6 , 7 , 8) |
| 4. court's observations on natural justice and bias. (Para 9 , 10 , 11 , 12) |
| 5. conclusion to quash the charge sheet due to bias. (Para 13 , 14) |
ORDER
SUDHI RANJAN MISHRA, MEMBER (J):
As it appears from record, the applicant submitted representation dated 08.06.2023 to the Superintendent of Post Offices, Mayurbhanj Division, Baripada raising his grievance concerning transfer and posting and praying for appropriate order as deemed fit and proper. The Superintendent of Post Offices, Mayurbhanj Division, Baripada on receipt of the said representation dated 08.06.2023, vide letter dated 15.06.2023 (A/4) called for explanation from the applicant stating therein as under:-
“With reference to your letter cited above, wherein you have raised your concern about non-relieving of one PA Cadre official whose name is at serial number 16 in Part-II of the Rotational transfer memo issued by this office for the year 2023-24. You have exclaimed and laid the blame on the controlling authority for non-relieving of that official. It is noticed that in the entire storyline of yours, your role is at sea. Making relieving arrangement and smooth exercise of Rotational transfer order is the responsibility of the Head of the Division and you have nothing to do with it. Raising voice against the injustice is good, but in this case you are nowhere associated and a third party to it. The undersigned is not answerable to you for such things. You have created a fancy world in your mind which is a pessimistic one. It has many problems and you are writing those absurd issues to this office instead of investing that time for betterment of this department. You are making unnecessary correspondences to this office repeatedly which is highly irregular and unbecoming of a Government Servant
Under the above circumstances, you are called upon to explain as to why disciplinary action as deemed fit will not be initiated against you for the actions/lapses as narrated above. Your explanation should reach this office within a week of receipt of this letter.”
2. The applicant submitted his representation/reply on 26.06.2023. The Superintendent of Post Offices, Mayurbhanj Division, Baripada initiated disciplinary proceeding under Rule-16 of C.C.S. (CC&A) Rules, 1965 vide Memorandum dated 01.09.2023/02.09.2023 (A/6) alleging as under:-
“Shri Sarbeswar Das has been working as PA, Rairangpur HO w.e.f 17.02.2020 to till date. While working as such, he has submitted one proper channel representation dated 26.04.2023 & one proper channel appeal dated 04.05.2023 addressed to DPS(HQ), O/o the Chief PMG, Bhubaneswar against the orders of Rotational transfer and Posting issued by SPOs, Mayurbhanj Division vide memo. No. B- 35/Ch-VI dated 21.04.2023. In his appeal dated 04.05.2023, he has passed derogatory remarks/comments to his appointing authority. In the Point No 2 (vi) of his appeal dated 04.05 2023 he mentioned "the authority has not applied his mind while drafting the order". By passing this statement he has insulted not only his appointing authority but also the transfer/placement committee constituted by the Chief PMG, who has recommended the transfers and postings for the rotational transfer 2023-24 of Mayurbhanj Division. Further in the Point No. 6 of appeal dated 04.05.2023, he mentioned "the transfer order is hostile", in same appeal under Point No. 8, he alluded "the rotational transfer orders passed by authority is malafide and arbitrary exercise of power" In continuation to his representation dated 26.04.2023 and appeal dated 04.05.2023, Sri Das again submitted one representation dated 08.06.2023 regarding relieving of one officials namely Sanjay Kumar Behera i.c.w. the rotational transfer and posti
