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2012 Supreme(SC) 139

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
Krushnakant B. Parmar – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. Here are the key legal points derived from the provided document:

  1. In departmental disciplinary proceedings, the disciplinary authority must establish that the alleged absence from duty was wilful. Without a specific finding of wilfulness, such absence does not constitute misconduct (!) (!) .

  2. The inquiry officer's appreciation of evidence must be thorough, and the findings should be based on relevant and admissible evidence. Relying on surmises, conjectures, or irrelevant facts invalidates the conclusion of guilt (!) (!) (!) .

  3. The burden of proof in departmental proceedings is not as stringent as in criminal trials, but the evidence must demonstrate a preponderance of probability. The inquiry officer cannot shift the burden or ignore relevant evidence, especially evidence supporting the defense (!) .

  4. The absence of the complainant or key witnesses from the inquiry, especially when they refuse to testify or provide no knowledge about the incident, weakens the case against the employee and necessitates careful consideration of such evidence or lack thereof (!) (!) .

  5. An employee's defense that they were prevented from attending duty or signing attendance registers must be considered, and the inquiry must determine whether the absence was due to compelling circumstances beyond the employee's control (!) (!) .

  6. Disciplinary actions based on unsubstantiated or conjectural findings, without establishing the wilfulness of the misconduct, are liable to be set aside by the courts or tribunals (!) .

  7. The court or tribunal has limited jurisdiction and can review disciplinary proceedings to ensure they are conducted fairly, legally, and based on relevant evidence. If the proceedings are found to be defective, the orders can be quashed, and the employee may be reinstated (!) (!) .

  8. When the disciplinary proceedings are found to be flawed, including failure to consider relevant defenses or evidence, the appellate authority's decision can be overturned, and the employee can be reinstated with or without back wages, depending on the circumstances (!) .

  9. The principles of natural justice require that the employee be given a fair opportunity to defend themselves, and any bias or denial of such opportunity can invalidate the disciplinary action (!) (!) .

  10. The severity of the penalty, such as dismissal, should be proportionate to the misconduct established, and if misconduct is not proven, the order of dismissal can be set aside (!) .

Please let me know if you need further analysis or specific legal advice based on these points.


JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2. The appellant, who was working as Security Assistant, was proceeded departmentally on 2nd September, 1996 for the following charge:

“While functioning as SA(G) in the office of Deputy Central Intelligence Officer, Palanpur, under Subsidiary Intelligence Bureau, Ahmedabad, unauthorisedly absented from duty between 3.10.1995 and 7.11.1995, 9.11.1995 and 10.12.1995 and from 10.12.1995 to 2.8.1996, thereby violating Rule 3(1)(ii) 3(1)(iii) of Central Civil Services (Conduct) Rules, 1964.”

3. On receipt of charge-sheet the appellant denied the allegation by his reply dated 7th October, 1996 and also alleged bias against his Controlling Officer, Mr. P. Venkateswarlu with specific stand that he was prevented by him from signing the attendance register and to attend the office. He also explained reasons of absence for certain period for which he had applied for leave.

4. During the pendency of the departmental proceedings, the appellant was transferred to another place which he challenged before the Central Administrative Tribunal alleging bias against his superior Officer. The Central Administrative Tribunal by order dated 15th No





































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