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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Suresh Jindal – Appellant
Versus
Punjab State Civil Supplies Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash charge sheets. (Para 1 , 2) |
| 2. arguments regarding authority and dismissal. (Para 3 , 4) |
| 3. determination of authority post-dismissal. (Para 5 , 6 , 7) |
| 4. judicial observations on disciplinary authority. (Para 8 , 9 , 10 , 11 , 12) |
| 5. employer-employee relationship critical for discipline. (Para 13 , 14) |
| 6. dismissal voids further disciplinary actions. (Para 15 , 16) |
| 7. final conclusion and order of quashing. (Para 17 , 18) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present civil writ petition has been filed under Article 226 of the Constitution of India seeking the issuance of a writ in the nature of Certiorari to quash three charge sheets dated 27.04.2017 (Annexure P-5), dated 27.04.2017 (Annexure P-6), and dated 17.07.2017 (Annexure P-7), along with all consequent departmental enquiry proceedings. A further direction is sought to restrain the respondents from continuing with the said proceedings.
2. Briefly the facts of the present case are that the petitioner, while serving as an Inspector Grade-2, was convicted and sentenced by the Special Judge, Moga, on 14.10.2013 under the Prevention of Corruption Act. Based on this conviction, the responde
An employer cannot initiate disciplinary actions against an employee after the employment relationship is severed by dismissal unless explicitly provided in service rules.
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Departmental proceedings against a retired employee cannot be initiated for events occurring more than four years prior, as established by Rule 7 of the Orissa Civil Services (Pension) Rules, 1992.
Unless there exists an enabling provision either in the applicable service rules or any other provision of law it would not be open for the disciplinary authority to pass an order in respect of contr....
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