State Of Uttaranchal & Ors vs Kharak Singh on 13 August, 2008
In State of Uttaranchal and Others
vs. V. Kharak Singh, (2008) INSC 1366 (13 August 2008), the Hon'ble
Supreme Court had observed the "domestic enquiries must be conducted
honestly and bonafide with a view to determine whether the charge framed
against a particular employee is proved or not, and so, care must be taken to
see that these enquiries do not become empty formalities." Once the
disciplinary proceedings are initiated by a higher authority it cannot be dealt
with by a lower authority for whatever reason. In the instant case, the original
Disciplinary Authority is the Senior Deputy Accountant Accountant General
who is the rank of the Director (Audit) whereas the authority who imposed the
penalty is only the rank of the Deputy Director (Audit). The dies-non was
imposed on those days on which the applicant discharged his duties or was on
sanctioned leave. The argument that the onus is on the defending employee
to prove his innocence is against the statute and the law of land. As per the
CCS (CCA) Rules, the penalty shall be imposed only on the basis of findings
arrived at evaluating the evidences adduced during the enquiry and shall be
commensurate to the misconduct. In view of the above, the O.A should be
allowed as prayed for.