Disciplinary proceedings Archives

‘Government officials stooped too low to punish a senior doctor on the verge of retirement’; SC sets aside penalty of 2% pension cut imposed in disciplinary action

“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”

Case Briefs High Courts

Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers

“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”

Case Briefs High Courts

‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group

From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.

Case Briefs Supreme Court

Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates

Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.

Case Briefs High Courts

‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty

Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.

Case Briefs High Courts

‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority

‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’

sealed cover procedure government employees

Case Briefs Supreme Court

Pending investigation & grant of prosecution sanction against Govt. employee not sufficient to adopt sealed cover procedure: SC

The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued.

Op Eds OP. ED.

A Tale of Three Judgments: Exoneration of Public Servant in Disciplinary Proceedings vis-à-vis Criminal Prosecution

by Arjun Gaur*

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs High Courts

Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers

“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”

Case Briefs High Courts

Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay

The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on relevant date for determining candidate’s eligibility under Haryana Civil Service (Executive Branch) Rules

Supreme Court said that the officers of the Haryana Civil Service must be free from both ongoing and contemplated disciplinary proceedings to be eligible under Rule 9(1)(a)(iii).

Case Briefs Supreme Court

Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry

Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.

Case Briefs Supreme Court

Supreme Court restores penalty withholding 50% of monthly pension in Sexual Harassment at Workplace case

“Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law.”

Case Briefs Supreme Court

Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers

“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”

Case Briefs Supreme Court

Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC

“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.

Case Briefs High Courts

Right to Vent| Madras High Court quashes charge memo against bank employee who mocked higher authorities on WhatsApp group

“When even prisoners have fundamental rights and it has been declared by the Supreme Court that Part III of the Constitution does not stop at the prison gates, it would be ridiculous to suggest that the moment a person becomes a bank employee, he has to bid good-bye to Article 19(1)(a).”

Case Briefs High Courts

“Strict rules of evidence do not apply in a disciplinary proceeding”: Bombay High Court while refusing interim relief for Bus Conductor against dismissal from service

Bombay High Court found the Labour Court and Industrial Court justified in refusing to exercise jurisdiction in the petitioner’s favour.

Case Briefs High Courts

“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order

Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord

Case Briefs High Courts

Delhi High Court| Introduction of Voluntary Retirement Scheme by a Department does not automatically qualify an employee to the benefits of the scheme as a matter of right

Whether or not an employee should be permitted to retire in accordance with the Scheme in the event that the Scheme itself provides for retirement to become effective upon completion of the notice period. The VRS that was implemented by the Department is, in essence, an expression of the Department’s aim to prune the overstaffed positions.