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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula, J
Shahid Hussain – Appellant
Versus
Govt Of Nct Of Delhi – Respondent
| Table of Content |
|---|
| 1. factual history of disciplinary action regarding unauthorised absence. (Para 1 , 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. arguments regarding procedural fairness, wilful absence, and proportionality. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. scope of judicial review on misconduct findings and medical documentation. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 4. criteria and limit of proportionality in sentencing disciplinary penalties. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 5. final order remitting the quantum of penalty for reconsideration. (Para 46 , 47 , 48 , 49) |
1. This petition assails two orders arising out of disciplinary proceedings instituted against the Petitioner. The first is the order dated 22nd January, 2013 passed by the Vice-Chairman, Delhi Agricultural Marketing Board [“DAMB”], acting as the disciplinary authority, whereby the Petitioner was dismissed from service. The second is the order dated 2nd April, 2014 passed by the Secretary-cum-Commissioner (Development), Government of NCT of Delhi [“GNCTD”], whereby the Petitioner’s appeal was rejected and the penalty was upheld.
Factual B
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