Delhi High Court
Union Of India vs Shri Yogesh Kumar on 5 September, 2008
Author: J.R. Midha
Bench: Madan B. Lokur, J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.6139/2008
Reserved on: 25th August, 2008
% Date of Decision: 5th September, 2008
Union of India
Through
The Secretary
Ministry of Human Resources Development
Sashri Bhawan
New Delhi - 110 001 ...Petitioner
Through: Mr. H.K. Gangwani, Advocate
Versus
Shri Yogesh Kumar
UDC in Department of School Educational
And Literacy
R/o J-44, 3rd Floor
Laxmi Nagar
Delhi - 110 092 ...Respondent
Through: None.
CORAM :-
THE HON'BLE MR.JUSTICE MADAN B. LOKUR
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
WP(C)No.6139/2008 Page 1 of 4
J.R. MIDHA, J.
The Petitioner has assailed the order dated 10th April, 2008 passed by the learned Central Administrative Tribunal whereby a minor penalty of withholding of promotion for two years inflicted on the Respondent was quashed on the ground of violation of principles of natural justice.
The Respondent was working as UDC in the Department of School Education and Literacy. A charge sheet dated 18th January, 2006 was issued to the Respondent on the allegation that the Respondent along with his three colleagues went to the servant quarters of a MP flat in Feroz Shah Road where they had a drinking party and after the drinks, an argument broke out which took an ugly turn and the Respondent and his colleagues gave a beating to their colleague, Mr.B.L. Meena, who reported the matter to the Department as well as to the police. After the inquiry, by order dated 29th November, 2006, minor penalty of withholding promotion of the Respondent for a period of two years was imposed.
The Disciplinary Authority recorded in its order that by visiting the house of Yogesh Chowdhary and by indulging in WP(C)No.6139/2008 Page 2 of 4 drinking party at the residence of Yogesh Chowdhary and by accepting the hospitality of a person with whom he had official dealings, the Respondent violated the relevant rules.
The charge of having official dealings with Mr. Yogesh Chowdhary and accepting the hospitality from him with whom the Respondent had official dealings was not part of the Memorandum dated 18th January, 2006. As such, the Respondent had no opportunity to show cause in respect of the said charge. The aforesaid finding of the Disciplinary Authority is extraneous to the charge sheet issued to the Respondent and, therefore, there is clear violation of the principles of natural justice. An extraneous matter which is not put to the delinquent officer cannot form the basis of penalty imposed on him.
We agree with the findings of the learned Tribunal that there is violation of principles of natural justice inasmuch as the Disciplinary Authority has based its finding on an extraneous matter, which was not put to the Respondent in the Memorandum.
WP(C)No.6139/2008 Page 3 of 4
The present case does not call for interference in exercise of writ jurisdiction. The writ petition is accordingly dismissed.
(J.R. MIDHA) JUDGE (MADAN B. LOKUR) JUDGE September 5, 2008 s.pal WP(C)No.6139/2008 Page 4 of 4