Oriental Bank of
Commerce & ANR. Vs. R.K. Uppal
R.M. Lodha, J.
questions presented for consideration in this appeal by special leave, at the
instance of the appellants--Oriental Bank of Commerce and its General Manager -
are: (one) whether in terms of regulation 17 of Oriental Bank of Commerce Officer
Employees (Discipline and Appeal) Regulations, 1982 (for short, `the 1982
Regulations'), the appellate authority is required to accord personal hearing to
the respondent in a departmental appeal; and (two) 1whether the order dated June
4, 2004 passed by the appellate authority in the appeal preferred by the
respondent under regulation 17 suffers from infirmity for want of reasons.
brief facts leading to the above questions are these : the respondent--R.K.
Uppal (hereinafter referred to as `delinquent') faced departmental inquiry under
regulation 6 of the 1982 Regulations for acts of omission and commission
committed by him while working as Senior Manager/Incumbent In-charge at 19-D,
Chandigarh Branch. The article of charges served on the delinquent contained
four charges, namely :
the period September 14, 1999 to December 20, 1999, while recommending sanction
of credit facilities and further enhancements in the account of M/s. Dunroll
Industries Limited, the delinquent failed to ensure that the proposal has been properly
appraised/processed and all the relevant information has been recorded in the process
delinquent recommended release of working capital facilities aggregating to Rs.
64 lac in the account of M/s. Dunroll Industries Limited for the unit located at
Sikandarabad (UP) at a distance of approximately 300 k.m. from the branch although
the monitoring of unit at such a 2distant place was not possible;
delinquent recommended enhancement of Rs. 175 lac in the Bank Guarantee limit on
November 17, 2000 in the account of M/s. Dunroll Industries Limited without ensuring
satisfactory conduct of the account and without going into the details of the transactions
and implications thereof and
delinquent released credit facilities in the account of M/s. Dunroll Industries
Limited without complying with the terms of sanction.
March 17, 2003, Shri M.K. Ghosh, Commissioner for Departmental Inquiries, Central
Vigilance Commission, was appointed inquiring authority to inquire into the above
charges levelled against the delinquent.
delinquent submitted his reply and denied the charges. The inquiring authority after
recording the evidence submitted its report on November 11, 2003. Charge I and
Charge II were held to be partly proved while Charge III and Charge IV were
held to be proved.
findings and report of the inquiring authority were sent to the delinquent who
in response submitted his representation on December 15, 2003. The disciplinary
authority concurred with the findings of the inquiring authority and keeping in
view the seriousness of charges and gravity of the proved conduct, it imposed the
penalty of dismissal vide order dated February 14, 2004.
delinquent preferred appeal under regulation 17 of the 1982 Regulations assailing
his dismissal order on diverse grounds and also requested for grant of personal
hearing. The appellate authority rejected the delinquent's request for personal
hearing and dismissed his appeal vide its order dated June 4, 2004.
delinquent challenged the order of penalty dated February 14, 2004 and also the
order of the appellate authority before the High Court of Punjab and Haryana.
The Division Bench of that Court vide its order dated January 23, 2006 allowed the
delinquent's writ petition partly and set aside the order of the appellate
authority and remitted the matter back to it with a direction to pass a
reasoned order after giving an opportunity of hearing to the petitioner. It is
this order which is impugned in the present appeal.
have heard Mr. K.N. Bhatt, senior counsel for the appellants and Mr. Ram Lal
Roy, counsel for the respondent. Re : Question (one)
17 of the 1982 Regulations reads as follows:- "17. Appeals : (i) An officer
employee may appeal against an order imposing upon him any of the penalties
specified in regulation 4 or against the order of suspension referred to in regulation
12. The appeal shall lie
to the Appellate Authority. (ii) An appeal shall be preferred within 45 days
from the date of receipt of the order appealed against. The appeal shall be
addressed to the Appellate Authority and submitted to the authority whose order
is appealed against. The authority whose order is appealed against shall forward
the appeal together with its comments and the records of the case to the Appellate
Authority. The Appellate Authority shall consider whether the findings are
justified or whether the penalty is excessive or inadequate and pass appropriate
orders. The Appellate Authority may pass an order confirming, enhancing, reducing
or setting aside the penalty or remitting the case to the authority which
imposed the penalty or to any other authority with such direction as it may
deem fit in the circumstances of the case....."
High Court has taken a view that regulation of the 1982 Regulations impliedly requires
that a delinquent who has preferred appeal is afforded an opportunity of personal
hearing by the appellate authority. While taking such view, the High Court
relied on a decision of this Court in Ram Chander v. Union of India & 5Ors.1
and a Full Bench decision of that Court in Ram Niwas Bansal v. State Bank of
Patiala & Anr.2 .
shall refer to the above two decisions first. In Ram Chander's case1 before
this Court, the appellant who was employed as Shunter, Grade `B' in the Railways
was removed from service after holding disciplinary inquiry wherein his guilt
of misconduct was held to be proved. The inquiry officer proceeded ex-parte against
the delinquent as he did not appear and recorded a finding that misconduct was proved.
The disciplinary authority (General Manager) concurred with the view of the inquiry
officer; formed a provisional view that penalty of removal should be imposed on
him and issued a show cause notice to the delinquent in this regard. This time,
the delinquent did respond to the show cause notice and submitted his explanation.
The disciplinary authority
was not satisfied with the delinquent's response and imposed the penalty of
removal. The delinquent preferred a departmental appeal before the Railway
Board under the relevant Rules. His appeal was dismissed by the appellate authority.
The delinquent then challenged the orders of the appellate authority and
disciplinary authority before the 1 (1986) 3 SCC 1032 (1998) (4) SLR High Court
in a writ petition. The writ petition was dismissed and so also the Letters Patent
Appeal preferred by him. The matter then reached this Court in an appeal by special
Inter alia, the
contention of the delinquent before this Court was that it was incumbent upon the
appellate authority to afford him personal hearing before his appeal was decided.
Construing the relevant Rules, namely, Rule 18(ii) of the Railway Servants (Discipline
& Appeal) Rules, 1968 and Rule 22(2) of the said Rules, this Court held (at
pages 117-118) as under : "25. ..........Such being the legal position, it
is of utmost importance after the Forty-Second Amendment as interpreted by the
majority in Tulsiram Patel [(1985) 3 SCC 398] case that the appellate authority
must not only give a hearing to the government servant concerned but also pass
a reasoned order dealing with the contentions raised by him in the appeal.
We wish to emphasize
that reasoned decisions by tribunals, such as the Railway Board in the present case,
will promote public confidence in the administrative process. An objective consideration
is possible only if the delinquent servant is heard and given a chance to satisfy
the authority regarding the final orders that may be passed on his appeal. Considerations
of fair play and justice also require that such a personal hearing should be
given. 26. In the result, the appeal must succeed and is allowed. The judgment
and order of a learned Single Judge of the Delhi High Court dated August 16, 1983
and that of the Division Bench dismissing the letters patent appeal filed by the
appellant in limine by its order dated February 15, 1984 are both set aside, so
also the impugned order of the 7 Railway Board dated March 11, 1972.
We direct the Railway
Board to hear and dispose of the appeal after affording a personal hearing to
the appellant on merits by a reasoned order in conformity with the requirements
of Rule 22(2) of the Railway Servants (Discipline and Appeal) Rules, 1968, as expeditiously
as possible, and in any event, not later than four months from today."In
our opinion, in Ram Chander's case1, this Court has not laid down as an absolute
proposition that in matters of departmental appeal against the punishment order
of a disciplinary authority, the appellate authority must invariably afford
personal hearing to a delinquent.
as, Punjab and Haryana High Court is concerned, it is true that in Ram Niwas Bansal2
while dealing with a similar regulation, i.e. regulation 70 of the State Bank of
Patiala (Officers) Service Regulations, 1979, the Full Bench of that Court has
read into such rule a provision of right of personal hearing to a delinquent but
we find it difficult to approve that view. As a matter of fact, the judgment of
this Court in the case of State Bank of Patiala Vs. Mahendra Kumar Singhal3 was
not brought to the notice of that Court nor that judgment was adverted to which
lays down in clear terms that the rule of natural justice does not necessarily
in all cases confer 3 (1994) Supp (2) SCC 463 8a right of audience at appellate
This is what this
Court said (at page 464) in Mahendra Kumar Singhal : "2. Heard counsel on both
sides. The respondent was visited with the punishment of dismissal from service.
He filed a departmental appeal which came to be dismissed, whereupon he moved the
High Court by way of a writ petition. The High Court quashed the order of the
appellate authority on the ground that no personal hearing was given before the
appeal was dismissed. The matter was, therefore, remitted to the appellate
authority to dispose of the appeal after hearing the delinquent personally.
It is against the
said order that the present appeal is filed. 3. No rule has been brought to our
attention which requires the appellate authority to grant a personal hearing.
The rule of natural justice does not necessarily in all cases confer a right of
audience at the appellate stage. That is what this Court observed in F.N. Roy v.
Collector of Customs, Calcutta [1957 SCR 1151 = AIR 1957 SC 648]. We, therefore,
think that the impugned order is not valid. Our attention was, however, drawn
to the decision in Mohinder Singh Gill v. Chief Election Commissioner, New Delhi
[(1978) 1 SCC 405] wherein observation is made in regard to the right of hearing.
But that was not a case of a departmental inquiry, it was one emanating from Article
324 of the Constitution. In our view, therefore, those observations are not
pertinent to the facts of this case."
Union of India and Anr. v. Jesus Sales Corporation4, this Court was concerned with
an appeal that was filed against the judgment of the Full Bench of the Delhi
High Court holding that an oral hearing has to be given by appellate authority
before taking a decision under 3rd proviso to sub-section (1) of Section 4-M of
the 4 (1996) 4 SCC 69 9Imports and Exports (Control) Act, 1947. The Court noticed
Section 4-M of that Act and in paragraph 3 at page 73 of the Report framed the question
as to whether the requirement of hearing to the appellants has to be read as an
implicit condition while construing the scope of 3rd proviso to sub-section (1)
of Section 4-M. This Court held (at pages 74-75) as under : "
The High Court has primarily
considered the question as to whether denying an opportunity to the appellant
to be heard before his prayer to dispense with the deposit of the penalty is
rejected, violates and contravenes the principles of natural justice. In that
connection, several judgments of this Court have been referred to. It need not
be pointed out that under different situations and conditions the requirement
of compliance of the principle of natural justice vary.
The courts cannot
insist that under all circumstances and under different statutory provisions
personal hearings have to be afforded to the persons concerned. If this principle
of affording personal hearing is extended whenever statutory authorities are
vested with the power to exercise discretion in connection with statutory
appeals, it shall lead to chaotic conditions. Many statutory appeals and applications
are disposed of by the competent authorities who have been vested with powers to
dispose of the same. Such authorities which shall be deemed to be quasi-judicial
authorities are expected to apply their judicial mind over the grievances made by
the appellants or applicants concerned, but it cannot be held that before dismissing
such appeals or applications in all events the quasi-judicial authorities must hear
the appellants or the applicants, as the case may be.
When principles of
natural justice require an opportunity to be heard before an adverse order is passed
on any appeal or application, it does not in all circumstances mean a personal hearing.
The requirement is complied with by affording an opportunity to the person concerned
to present his case before such quasi-judicial authority who is expected to apply
his judicial mind to the issues involved. Of course, if in his own discretion if
he requires the appellant or the applicant to be heard because of special facts
and circumstances of the case, then certainly it is always open to such authority
to decide the appeal or the application only after affording a personal hearing.
But any order passed after taking into consideration the points raised in the
appeal or the application shall not be held to be invalid merely on the ground that
no personal hearing had been afforded.
This is all the more important
in the context of taxation and revenue matters. When an authority has
determined a tax liability or has imposed a penalty, then the requirement that
before the appeal is heard such tax or penalty should be deposited cannot be held
to be unreasonable as already pointed out above. In the case of Shyam Kishore
v. Municipal Corpn. of Delhi [(1993) 1 SCC 22] it has been held by this Court that
such requirement cannot be held to be harsh or violative of Article 14 of the
Constitution so as to declare the requirement of pre-deposit itself as
unconstitutional. In this background, it can be said that normal rule is that
before filing the appeal or before the appeal is heard, the person concerned
should deposit the amount which he has been directed to deposit as a tax or
The non-deposit of such
amount itself is an exception which has been incorporated in different statutes
including the one with which we are concerned. Second proviso to sub-section
(1) of Section 4-M says in clear and unambiguous words that an appeal against an
order imposing a penalty shall not be entertained unless the amount of the
penalty has been deposited by the appellant. Thereafter the third proviso vests
a discretion in such appellate authority to dispense with such deposit
unconditionally or subject to such conditions as it may impose in its
discretion taking into consideration the undue hardship which it is likely to
cause to the appellant.
As such it can be
said that the statutory requirement is that before an appeal is entertained,
the amount of penalty has to be deposited by the appellant; an order dispensing
with such deposit shall amount to an exception to the said requirement of
deposit. In this background, it is difficult to hold that if the appellate
authority has rejected the prayer of the appellant to dispense with the deposit
unconditionally or has dispensed with such deposit subject 11 to some conditions
without hearing the appellant, on perusal of the petition filed on behalf of
the appellant for the said purpose, the order itself is vitiated and is liable
to be quashed being violative of the principles of natural justice.
in Jesus Sales Corporation4, it was held by this Court that under the relevant rule,
it was not obligatory upon the appellate authority to hear the appellant.
Ganesh Santa Ram Sirur v. State Bank of India and Anr.5, the appellate authority
proposed to enhance the penalty imposed upon the delinquent by the punishing authority.
The disciplinary authority recommended to the punishing authority the
punishment of reduction in substantive salary at one stage. The punishing
authority accepted the recommendation of the disciplinary authority and imposed
the punishment accordingly.
authority proposed to enhance the penalty to an order of removal. In this
context, inter alia, one of the contentions raised before this Court was that
the order of removal from service could not be sustained as no personal hearing
was given to the delinquent before the enhancement of punishment even though personal
interview was specifically asked for. The Court noticed various judgments of this
Court including the Constitution Bench judgment in Managing Director, ECIL,
Hyderabad and others v. B. Karunakar and Ors. and also the judgment of the Punjab
and Haryana High Court in Ram Niwas Bansal.
In paragraph 31 at
page 29 of the Report, it was held that the approach and test adopted in B.
Karunakar6 should govern all cases where the complaint is not that there was no
hearing, no notice and no opportunity but one of not affording the proper
hearing that is adequate or a full hearing or violation of a procedural rule or
requirement governing that inquiry. We have not been able to discern anything in
Ganesh Santa Ram Sirur5 that lays down that the appellate authority must, in
all cases of departmental appeal, afford personal hearing to the delinquent.
it noted that the principal question for consideration in B. Karunakar6 was whether
the report of the inquiry officer/authority who/which is appointed by the disciplinary
authority to hold an inquiry into the charges against the delinquent employee
is required to be furnished to the employee to enable him to make proper representation
to the disciplinary authority before such authority arrives at its own finding
with regard to guilt or otherwise of the employee and the punishment, if any, to
be awarded to him. While dealing with this question and its diverse facets, the
Court exhaustively considered the principles of natural justice in the context
of furnishing the report of the inquiry officer/authority to the delinquent
employee. B. Karunakar6 does not deal with the question of necessity of affording
a personal hearing to a delinquent by the appellate authority.
K.N. Bhatt, learned senior counsel for the appellants cited a Single Bench
decision of Andhra Pradesh High Court in Y. Malleswara Rao v. Chief General Manager,
State Bank of India, Hyderabad & Ors.7. In that case the delinquent was visited
with the penalty of removal from service. The concerned delinquent preferred
appeal before the appellate authority and one of the contentions raised before
the High Court was that the appellate authority failed to afford a personal
hearing to the delinquent and, therefore, the order of the appellate authority
suffered from transgression of an essential principle of natural justice.
The Single Judge of the
High Court referred to decisions of this Court in Mahendra Kumar Singhal3,
Jesus Sales Corporation4 and Ganesh Santa Ram Sirur5 and also the decision of Full
Bench of Punjab and Haryana High Court in Ram Niwas Bansal2. The Single Judge also
referred to few decisions of other High Courts and followed the proposition
propounded by this 7 2006 LAB. I.C. 1384 14Court in Mahendra Kumar Singhal3 viz;
that in the absence of the specific requirement by the relevant rules, there is
no right to a personal hearing at the appellate stage and the rules of natural
justice do not require that in all cases a right of audience should be provided
at the appellate stage.
is now fairly well settled that the requirements of natural justice must depend
on the circumstances of the case, the nature of the inquiry, the rules under which
the tribunal is acting, the subject matter that is being dealt with and so forth.
In the words of Ramaswami, J. (Union of India & Anr. v. P.K. Roy &
Ors.8) the extent and application of the doctrine of natural justice cannot be
imprisoned within the straitjacket of a rigid formula. The application of the
doctrine depends upon the nature of jurisdiction conferred on the
administrative authority, upon the character of the rights of the persons affected,
the scheme and policy of the statute and other relevant circumstances disclosed
in the particular case.
right of appeal is not an inherent right. None of the facets of natural justice
requires that there should be right of appeal from any decision. The extent of
power of an appellate forum and the mode and manner of its exercise can always be
provided in the 8 AIR 1968 SC 850 15provision that creates such right. Insofar as
provision of appeal in regulation 17 of the 1982 Regulations is concerned, it
must be stated that the said provision affords to an employee right of appeal
against an order imposing upon him any of the penalties specified in regulation
4 or against the order of suspension referred to in regulation
It provides for
limitation within which the appeal is to be preferred. As per the said provision,
the appeal must be addressed to the appellate authority and submitted to the
authority whose order is appealed against. The authority whose order is
appealed against is required to forward the appeal together with its comments
and also the record of the case to the appellate authority. The appellate
authority then proceeds with the consideration of the appeal and considers whether
the findings are justified; whether the penalty is excessive or inadequate and passes
appropriate order confirming, enhancing, reducing or setting aside the penalty or
remitting the case to the authority that imposed the penalty or to any other authority
with such direction as it may deem fit in the circumstances of the case.
The appeal provision
in regulation 17 of the 1982 Regulations does not expressly provide for
personal hearing to the appellant. Is the right of personal hearing to the appellant
implicit in the provision? We think not. In our considered view, in the absence
of personal hearing to the appellant, it cannot be said that the very right of appeal
is defeated. One situation is, however, different. Where the appellate authority
proposes to enhance the penalty, obviously, the appellate authority must issue notice
to the delinquent asking him to show cause why penalty that has been awarded to
him must not be enhanced and give him personal hearing. It is so because the
appellate authority seeks to inflict such punishment for the first time which was
not given by the disciplinary/punishing authority. Although there are no
positive words in regulation 17, requiring that the appellant shall be heard before
enhancement of the penalty, the fairness and natural justice require him to be
is true that in Ganesh Santa Ram Sirur5, this Court did not accept the contention
of the delinquent relating to non-grant of personal hearing to him by the appellate
authority before the enhancement of the punishment. But it was so in the
peculiar fact-situation of the case. First, this Court observed that Charge 5 of
granting loan to the spouse under SEEUY Scheme in violation of Rule 34(3) of the
State Bank of India (Supervising Staff) Service 17Rules was found by the
appellate authority more serious and grave in nature. Secondly and more importantly,
the Court noticed that delinquent in his appeal before the appellate authority
admitted that he had committed misconduct of disbursing the loan to his wife in
a Scheme which was meant for educated unemployed youth. To our mind, thus,
there is no inconsistency in the judgment of this Court in Ganesh Santa Ram
Sirur and our statement above that where the appellate authority proposes to enhance
the penalty, the appellate authority must issue notice to the delinquent and
give him personal hearing.
personal hearing may not be required where the appellate authority, on
consideration of the entire material placed before it, confirms, reduces or sets
aside the order appealed against. Regulation 17 of the 1982 Regulations does
not require that in all situations personal hearing must be afforded to the
delinquent by the appellate authority. The view taken by the Full Bench of
Punjab and Haryana High Court in the case of Ram Niwas Bansal2 is too expansive
and wide and cannot be held to be laying down correct law particularly in light
of the judgment of this Court in Mahendra Kumar Singhal . We answer this
question accordingly. Re: Question (two)
The High Court has faulted the order of the appellate authority also on the ground
of it being a non-speaking order. Is it so? We have carefully perused the order
of the appellate authority and we find that the order dated June 4, 2004 cannot
be labelled as a non-speaking order. The order does not suffer from the vice of
non-application of mind. The appellate authority has addressed the points
raised in the appeal and critical to the decision, albeit briefly. It is true
that the appellate authority must record reasons in support of its order to
indicate that it has applied its mind to the grounds raised but it is not the requirement
of law that an order of affirmance by the appellate authority must be elaborate
and extensive. Brief reasons which indicate due application of mind in decision
making process may suffice.
Each ground raised in
the appeal has been dealt with briefly as would be apparent from the following
consideration of the matter by the appellate authority: "The contention of
the appellant that no departmental action can be taken against him during pendency
of criminal proceedings before the Court is not tenable; as departmental enquiry
is independent of criminal proceedings and as such there is no bar to pass the
order of punishment by the Disciplinary Authority during the pendency of
The appellant has
alleged that Inquiring Authority has erred in holding the imputation 2 & 3
under Article of Charge No. 1 as proved. On carefully perusing the evidence
brought on record of the enquiry and other related record, I find that
Disciplinary Authority has fully considered evidence/submissions made by the
appellant and based on that the article of charge no. 1 is held partly proved
against the appellant. This does not, however, mean that the Disciplinary Authority
has in anyway exonerated the appellant of this charge. Hence, I do not find any
force/substance in the allegation of the appellant. I find that on the basis of
evidence adduced in the inquiry, article of charge no. 1 has been rightly held
as partly proved against the appellant.
The appellant has further
contended that PO had not furnished any proof of his having recommended the
proposal to the Regional Office. I have perused the relevant record and evidence
adduced in respect of the charge. It is evident from Ex. MEX 10/6 (which is
admitted document in the enquiry) that the appellant had sent letter dated 24-10-2000
based on which Regional Office permitted the party to avail facility for unit
at Sikandrabad which was 300 kms away from Chandigarh and in this way, it was not
possible for the branch to monitor the unit at such a distant place. Although the
appellant has not disputed reference of letter dated 24-10-2000 in Ex. MEX
10/6, yet due to its non-production by the PO, the IA has held this charge as
On the basis of
evidence brought on record of enquiry and after considering submission of appellant,
I find that Disciplinary Authority has rightly held article of charge no. 2 as
partly proved and contention of the appellant that this charge should be set
aside is devoid of any merit.The appellant has contended that he had recommended
the proposal keeping in view the General Manager's instructions. The appellant had
neither produced any document nor adduced any evidence in his defence to
substantiate this fact. However, during general examination 20by the Inquiring
Authority, he has admitted that he had no exposure of processing of the guarantees
and proposal was analysed at Regional Office and he had just recommended it.
This clearly shows that
the appellant recommended enhancement of bank guarantee limit of Rs. 175 lacs
in the account of M/s. Dunroll Industries Ltd. without ensuring satisfactory conduct
of the account and without going into details of transaction and implications
thereof. After carefully analyzing the evidence adduced during the enquiry, I find
that the article of charge no. 3 against the appellant is rightly held proved
by Disciplinary Authority. I therefore, do not find any merit/force in the
allegations of the appellant.
The Appellant has contended
that common seal on all documents had been affixed and all the documents are
valid. On careful perusal of documents ME-23/1/2 and after evaluating evidence of
PW-1 during regular hearing held on 20-9-2003, I observe that article of charge
no. 4 against the appellant in respect of releasing credit facilities in the
account of M/s. Dunroll Industries Ltd. without complying with terms of sanction
is rightly held proved by the Disciplinary Authority.
Hence I do not find
any force/merit in contention of the appellant that article of charge no. 4 has
been wrongly upheld by the Inquiring Authority.The appellant has also referred to
some pending enquiry proceedings against him in respect of charge sheet dated
12-8-2003 in the matter of Bankarpur Cold Storage and has contended that it is
against principles of natural justice to take into account past service record
without valid legal grounds. After perusing relevant enquiry record, I find
that Disciplinary Authority in his order has referred to certain
lapses/irregularities attributable to the appellant for the misconduct committed
by him while posted as Sr. Manager/Incumbent In-charge, B/O 19-D, Chandigarh.
Having regard to imposition/inflictment
of penalty of dismissal on the appellant w.e.f. 14-2-2004 by the Disciplinary Authority
under Regulation 4(j) of Oriental Bank of Commerce Officer Employees (Discipline
& Appeal) Regulations, 1982 it was not open to the bank to pursue pending
charge sheet dated 12-8-2003 against the appellant as referred to in the appeal.
Disciplinary Authority, therefore, has rightly stated in his order dated 14-2-2004
that "no action is required to be taken at this stage" in relation to
this charge sheet.
Hence, I do not find any
force/merit in the allegations of the appellant that Disciplinary Authority has
taken into account the matter of pending inquiries in respect of charge sheet dated
12-8- 2003. As such, there is no violation of principles of natural justice as
alleged." Having discussed the matter as above, the appellate authority held
that on consideration of the inquiry record and facts and circumstances of the
case, the findings and the order dated February 14, 2004 passed by disciplinary
authority are based on evidence brought on record of inquiry and not founded on
past record or any other matter not connected with inquiry as alleged by the
delinquent in the appeal. Consequently, the appellate authority concurred with
the view of the disciplinary authority and found no justification to interfere
with the penalty awarded by the disciplinary authority.
order of the appellate authority, by no stretch of imagination can be said to
suffer from vice of lack of reasons. We answer question no. (two) in the
our view, the High Court was clearly in error in setting aside and quashing the
order dated June 4, 2004 passed by the appellate authority and in directing the
appellate authority to pass a reasoned order after giving an opportunity of
hearing to the petitioner (respondent herein).
appeal is, accordingly, allowed and the judgment and order dated January 23, 2006
passed by the High Court of Punjab and Haryana is set aside. The parties shall
bear their own costs.
J. (R.M. Lodha)