P RAVI Vs. REGISTRAR

JUDGEMENT

(1.) THE Only point urged before us is that the order of dismissal passed against the appellant is vitiated because of the failure of the Authority to adhere to the provisions of Article 311 (2) of the Constitution of India. It is submitted that after the enquiry was over, before awarding punishment, the Disciplinary Authority had taken into account certain earlier proceedings in which the appellant was found guilty and awarded punishment without framing a charge with regard to the same. THE contention of learned counsel for the appellant is that unless the earlier punishement is also made one of the charges and a part of the charge memo the Disciplinary Authority is not entitled to take the same into account. It is submitted by him that the disciplinary Authority ought to have recorded evidence after issuing the charge memo to the appellant with regard to the earlier punishments.

(2.) WE are unable to accept this contention. In so far as the present enquiry is concerned, there is no dispute about the procedure adopted in the enquiry or the validity of the same. After the enquiry was over, when the Disciplinary Authority was going through the records, he found that there were some earlier disciplinary proceedings in which the appellant was found guilty and awarded punishment. Immediately, the Disciplinary Authority issued a memo to the appellant informing him that the earlier punishment will be taken into account while awarding punishment in the present proceedings and calling upon him to submit his explanation in that regard. The appellant sent a reply and that was considered by the Disciplinary Authority. The appellant did not challenge the correctness of the earlier records or the facts that he was punished in the earlier disciplinary proceedings. It is only after giving such an opportunity to the appellant, the Disciplinary Authority has taken into account the earlier proceedings for the purpose of awarding punishment to the appellant.