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1 - 9 of 9 (0.28 seconds)Section 5 in The Administrative Tribunals Act, 1985 [Entire Act]
Arjun Chaubey vs Union Of India And Others on 23 March, 1984
at BA No 3082017
2a. Reliance placed on the case of Arjun Chaubey
(supra) is misplaced as in that case the Superintendent was
the Disciplinary Authority, who had issued the delinquent a
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SSUW CUSe NOMS, Oe Tound Enat axnlianaton untrue and
pronounced the delinquent guilty and dismissed him fom
service, Therefore, the Supreme Court held that no one can be
a judge of his own cause. This decision has no application to
the case at hand as Disciplinary Authority has initiated
departmental inquiry and has not passed any punishment
order. Subsequent developments show that the Disciplinary
Authority has retried from service.
Inspector Prem Chand vs Govt. Of N.C.T. Of Delhi And Others on 5 April, 2007
CO
22 OA No 308/201 F
i? The same principle has been laid down in the case
of Union of India & Ors. Vs. J. Alyned, (1979) 2 SCC 286 and
Inspector Prem: Chand (supra). The first charge is that the
applicant was directed to take print outof the orders and
give to the Presiding Officer well in advance in order to
enable the PO to make corrections before pronouncing the
orders and he did not follow the instructions properly.
Second charge is that despite directions, he did not
improve the quality of typing and continued to commit
spelling mistakes. Fourth charge is that he was discourteous
to the callers on office telephone and asked irrelevant and
unnecessary questions to them. For quashing the chargehseet
what the Tribunal has to see is whether on mere reading the
charge a misconduct is made out. If on mere reading of the
chargesheet, if no misconduct is made out, if no charge is
made out, the chargesheet will have to be quashed. It is
settled law that chargesheet can be quashed on the ground
that charges are vague and on bare reading of the charge no
misconduct is made out,
Gd Ne 3O8/20) F
3
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On the basis of this principle, it will have to be
een whether the applicant has been guilty of misconduct.
Ravi Yashwant Bhoir vs The Collector, District Raigad & Ors on 2 March, 2012
16, It is further held by the Hon'ble Supreme Court in
the case of Ravi Yashwant Bhoir (supra) thus:
D.V. Kapoor vs Union Of India And Ors on 7 August, 1990
In the case
of D.V. Kapoor (supra), Supreme Court held that the condition
precedent thereto is that there should be a finding that the
deliquent is guilty of grave misconduct or negligence in the
discharge of public duty in office, as defined in Rule 8(5),
explanation (b) which is an inclusive definition, ie. the scope
is wide of mark dependent on the facts or circumstances in a
given case.
The Disciplinary ... vs Nikunja Bihari Patnaik on 15 April, 1996
i3. Mere error of judgment resulting in doing of
negligent act dees not amount te misconduct.
However, in exceptional circumstances, not working
diligently may be a misconduct. An action which is
detrimental to the prestige of the institution may alsa
amount to misconduct, Acting beyond authority may be
a misconduct. When the offlce-bearer is expected ta
act wih absolute integrity and honesty in handling the
work, any misappropriation, even temporary, of the
Jimds, etc. constitutes a serious misconduct invinig
severe punishment. (Vide Disciplinary Authority-cum-
Regi. Manager v. Nikunja Bihari Patnaik, Govt. of TN.
¥ ALN, Ramamurthy, Inspector Prem Chand v. Govt. of
NCT of Delhi and SBI y. SN. Goyal.}".
Union Of India & Ors vs J. Ahmed on 7 March, 1979
CO
22 OA No 308/201 F
i? The same principle has been laid down in the case
of Union of India & Ors. Vs. J. Alyned, (1979) 2 SCC 286 and
Inspector Prem: Chand (supra). The first charge is that the
applicant was directed to take print outof the orders and
give to the Presiding Officer well in advance in order to
enable the PO to make corrections before pronouncing the
orders and he did not follow the instructions properly.
Second charge is that despite directions, he did not
improve the quality of typing and continued to commit
spelling mistakes. Fourth charge is that he was discourteous
to the callers on office telephone and asked irrelevant and
unnecessary questions to them. For quashing the chargehseet
what the Tribunal has to see is whether on mere reading the
charge a misconduct is made out. If on mere reading of the
chargesheet, if no misconduct is made out, if no charge is
made out, the chargesheet will have to be quashed. It is
settled law that chargesheet can be quashed on the ground
that charges are vague and on bare reading of the charge no
misconduct is made out,
Gd Ne 3O8/20) F
3
tad
Pe
ie
a
On the basis of this principle, it will have to be
een whether the applicant has been guilty of misconduct.
Uoi & Ors. vs Dr.V.T.Prabhakaran on 26 July, 2010
20. The question is what will amount to grave
misconduct has been answered by the Delhi High Court in the
Z& BSR E
case of Union of India & Ors. Vs. Dr. V.T. Prabhakaran,
(2010) 171 DLT 556(DB): 2010 SCC online Del 2478. It has
held thus:
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