Service -- Disciplinary proceedings - Commence only when a charge sheet is issued to the delinquent employee...........
Service -- Disciplinary proceedings - High Court gave liberty to hold de novo enquiry - Means the entire earlier proceedings including the charge sheet issued earlier stood quashed - Held, it was not permissible for the appellants to proceed on the basis of charge sheet issued earlier - Question of initiating a fresh enquiry without giving a fresh charge sheet could not..........
Service -- Disciplinary proceedings - Authority has to give some reason, which may be very brief, for initiation of the inquiry and conclusion thereof - It has to pass a speaking order and cannot be ipse dixit either of the inquiry officer or the authority...........
Service -- Disciplinary proceedings - In absence of proper pleadings and materials on record prima facie establishing the allegation of mala fide, such allegations would not be investigated by Courts - Burden of establishing mala fide lies heavily on the person making it...........
Service -- Disciplinary proceedings - Punishment of dismissal from service set aside by Court - Liberty given of fresh enquiry - Enquiry thus would relate back to the date of imposition of punishment - In such situation delinquent is to be reinstated and may be put under suspension - Question of back wages etc. is to be determined by the disciplinary authority...........
Service -- Departmental enquiry - Courts will not interfere with findings of fact recorded in departmental enquiries, except where such findings are based on no evidence or where they are clearly perverse - Test to find out perversity is to see whether a tribunal acting reasonably could have arrived at such conclusion or finding, on the material on record - However, Courts..........
Constitution of India, 1950, Article 14, 226 -- Punishment order - Reduction of punishment by Revisional Authority whereby punishment was reduced to down grading of four annual grade increments in the time scale instead of downgrading of 10 annual grade increments by the appellate authority - Respondent did not challenge the order of the Revisional Authority and it was..........
Service -- Departmental enquiry - Enquiry officer recommended particular punishment - Not material when disciplinary authority took independent decision after appreciating materials and evidence on record...........
Service -- Unauthorized absence from duty - Regularized by treating the period of absence as leave without pay - It is necessary to do so to continue with the disciplinary proceedings - In the absence of regularization of unauthorized absence it may not be possible for the employer to continue with the disciplinary proceedings as there would be break in service...........
Constitution of India, 1950, Article 226 -- Departmental inquiry - Punishment - Removal from service - Judicial review - Enquiry Officer without any evidence on record has returned a finding that the petitioner was under influence of liquor in office - It seems that the disciplinary authority has been influenced by the findings of the Enquiry Officer wherein he has held..........
