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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
P.V.Purushottam Rao, Goa – Appellant
Versus
Vice President, I.T.D.C. New Delhi – Respondent
| Table of Content |
|---|
| 1. detailed background on disciplinary action against the petitioner. (Para 2 , 3 , 4) |
| 2. the petitions challenging the imposed penalties and the inquiry conclusions. (Para 5 , 6 , 7) |
| 3. court observations on the validity of the imposed penalties. (Para 8 , 9 , 10) |
| 4. final ruling and modification of penalties regarding the petitioner's case. (Para 12 , 13 , 14) |
ORDER :
1. This Writ Petition is filed questioning the order dated 08.06.2009 passed by the 3rd respondent, who confirmed the order dated 16.03.2009 passed by the 2nd respondent as well as the order dated 22.09.2008 and Corrigendum dated 07.11.2008 passed by the 1st respondent.
2. Heard Sri Sundareshan, learned counsel representing Sri P. Govind Reddy, learned counsel appearing for the petitioner and Sri A.K. Jaya Prakash Rao, learned Standing counsel appearing for the respondents.
3. Brief facts of the case are as follows :-
(a) The petitioner was initially appointed as a Computer Operator in the respondent Corporation on 11.08.1997 and thereafter, he was posted at the Accounts Division of Hotel Samrat, New Delhi and worked till May, 2001. On 15.05.2001, he was transferred and posted at ITDC Duty Free Shop, Hyderab
In disciplinary proceedings, penalties must align with proven charges; failure to establish misconduct can lead to modifications of imposed penalties.
Disciplinary inquiries must adhere to procedural fairness, requiring the establishment to prove charges through evidence; failure to do so invalidates the inquiry and any resultant punishment.
Termination without adequate evidence and disregard for fair procedures violates principles of natural justice.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
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