SUBIMAN KUNDU Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the action of the respondent no.3/Indian Institute of Technology/employer whereby a punishment of removal from service of the respondent no.4 was proposed initially, and later on an order of censure with deferred appointment was passed by the disciplinary authority, the same has now been withdrawn after re-consideration.

(2.) I put it to counsel for the petitioner that how does the petitioner have locus standi with respect to disciplinary proceedings initiated by respondent no.3/employer against its employee/ respondent no.4, and in response to which the counsel for the petitioner has argued two aspects. Firstly, it is stated that petitioner was the complainant, as a result of which enquiry proceedings had started against the respondent no.4, and secondly it is argued that petitioner's seniority by withdrawal of the punishment order would be affected because petitioner in terms of the letter dated 31.5.2013 has been put at serial no.4 in the appointment list of professors and in case respondent no.4 who is put at serial no.1 in the list would stand removed, petitioner would get consequential benefits.

(3.) In my opinion, petitioner has absolutely no locus standi to approach this Court. Issue of departmental proceedings, viz. disciplinary proceedings, is a matter between an employer and an employee only. Merely because one person happens to be a complainant, and who is a petitioner in this case, cannot mean that he would become party to the disciplinary proceedings or would have any say with respect to nature/type/quantum of punishment which has to be imposed on an employee by the employer. Also, merely because petitioner is put at serial no.4 in the appointment list dated 31.5.2013, in which respondent no.4 is put at serial no.1, cannot mean that on this ground petitioner would have locus standi by insisting that setting aside of the punishment of removal from service of respondent no.4 has wrongly been done by respondent no.3/employer. As already stated above issue of disciplinary proceeding or inquiry proceeding is only and only between the employer and employee in cases such as the present.