Service -- Departmental proceedings - Punishment - Judicial review - Court cannot prescribe punishment - High Court itself prescribed punishment which, according to it, "would meet the ends of justice" - High Court cannot act a disciplinary authority and impose a particular penalty - Even in those cases where it is found that punishment is disproportionate to the nature..........
Service -- Disciplinary proceedings - Punishment by higher authority - Not vitiated if right of appeal is not taken away - That apart, if appellate authority passes an order as the primary authority and there is provision for further appeal or revision or review, it cannot be said that the order suffers from any illegality - In the instant case order of punishment was..........
Medical negligence -- Breach of Code of Medical Ethics - Aggrieved patient or the party can file a petition before relevant Disciplinary Committee constituted by the concerned State Medical Council...........
Constitution of India, 1950, Article 226, 311, Regional Rural Banks Act, 1976, Section 30, Service -- Punishment - It is for disciplinary authority and not for Courts, to decide as to punishment to be awarded to delinquent - Quantum of punishment even if disproportionate even then matter has to be referred back to disciplinary authority to take fresh decision - Court..........
Constitution of India, 1950, Article 226, 311, Regional Rural Banks Act, 1976, Section 30, Disciplinary enquiry -- Punishment - Enquiry against one set of employees and they found to be guilty in enquiry - Guilt upheld even by appellate authority and punishment of dismissal awarded - Enquiry against other set of employees thereafter - Employees though had denied charge..........
Service -- Disciplinary proceedings - Punishment - Disciplinary authority disagreeing with Enquiry Officer - Order of punishment would stand vitiated in case the reasons so recorded by the Disciplinary Authority for dis-agreement with the Enquiry Officer had not been supplied to the delinquent and his explanation had not been sought...........
Service -- Departmental proceedings - Judicial review - The role of courts in the matter of departmental proceedings is very limited and court cannot substitute its own views or findings by replacing the findings arrived at by the authority on detailed appreciation of evidence on record - In the matter of imposition of sentence, the scope for interference by the court is..........
Service -- Departmental enquiry - Not properly conducted - Set aside - Court should not preclude the employer from holding the inquiry in accordance with law - It must remit the concerned case to the disciplinary authority, to conduct the enquiry from the point that it stood vitiated and to conclude the same in accordance with law - Such a course depends upon the gravity..........
Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 409, 465, 467, 471, 477-A, 120-B - Exoneration in disciplinary proceedings by itself is not a ground for quashing criminal proceedings...........
Service -- Disciplinary proceedings - Stage when it can be said that a decision has been taken to initiate the disciplinary proceedings - Held, decision to initiate disciplinary proceedings cannot be subsequent to the issuance of the charge sheet as issuance of charge sheet is a consequence of the decision to initiate disciplinary proceedings...........
