DGM Vs. TRIPTY PAUL

JUDGEMENT

(1.) Heard learned counsel parties. The appeal is against the judgment dated 20th April, 2012 by which the delinquent officer's writ petition pursued by her widow, being C.W.J.C. No. 1746 of 1998(R) was allowed and the punishment of dismissal from service imposed on the husband of the present respondent was set aside on the ground that in departmental enquiry proceeding, the finding committee report and the preliminary enquiry were the basis for holding the officer guilty but copies of those reports were not provided to the delinquent officer even after repeated request. It was held that it violated the principles of natural justice. The learned single Judge was also of the view that while imposing the punishment the disciplinary authority and the appellate authority did not consider the relevant material facts and imposed the harshest possible punishment like dismissal from service.

(2.) Learned counsel for the appellant vehemently submitted that it is a settled law that firstly the fact finding report and the preliminary enquiry report are not required to be provided to the delinquent and the disciplinary proceeding starts from the issuance of the charge-sheet and thereafter, recording the evidence by the disciplinary authority or even by enquiry officer. The respondent-delinquent officer further failed to establish any prejudice which may have been caused to him because of non-providing the preliminary enquiry report and the fact finding report. Learned counsel for the appellant also submitted that the delinquent officer was of the high rank of Divisional Engineer and he instigated the mob resulting into manhandling by the mob with one senior officer, V.K. Bansal. In view of above reasons, the punishment was proportionate to the delinquency as to looking to the position of the officer.

(3.) Learned counsel for the appellant also relied upon the judgment, 2006 7 SCC 558 and also submitted that gratuity in 100% can be withheld in view of the judgment of the Hon'ble Supreme Court, 1964 AIR(SC) 1854