pecuniary loss as a consequence of the misconduct
proceeded against by way of the disciplinary action.
5. Fortunately, and may be even fortuitously, the criminal ... misconduct are made out therein,
there is no allegation of lack of jurisdiction and the petitioner has already
submitted his response thereto. The disciplinary proceedings
unaware of the contents of the
appeal petition as well as the disciplinary proceedings, and not in possession of
any evidence to disprove the allegation levelled ... more
than a technical mistake. To reopen all the disciplinary proceedings now
would result in grave prejudice to administration which will far outweigh
the benefit
service, because of the
pendency of disciplinary proceedings against him. In that case
there was an allegation of misconduct against the respondent of
causing substantial ... However, as explained above, the course of action is available only
if disciplinary authority has necessary powers to impose the
penalty of dismissal upon
that during disciplinary proceedings the sealed covered
process was maintained. As the charges levelled against the
petitioner do not constitute any misconduct, the entire proceeding ... cover to be opened
after conclusion of the disciplinary proceeding. On the conclusion of
the disciplinary proceedings, if the officer concerned is completely
exonerated
statutory provision. The rules provide for procedure
in relation to disciplinary proceedings depending upon the nature of
the penalty proposed to be made taken that ... relevant procedure were strictly adhered to in finalising the
disciplinary proceedings. It would be profitable to reproduce the
provision of the said Rules as under
Tribunal, Calcutta Bench in O.A. No. 711 of 2013.
The disciplinary proceedings were instituted against the Respondent for having been absent from
7th March ... misconduct
alleged against him. A statutory appeal was filed and the Appellate Authority set aside the punishment
and ordered de novo proceedings from the stage
Tribunal.
We have been informed that disciplinary proceedings have been initiated against
the Petitioner for certain acts of misconduct which obviously the Petitioner will
tribunal, where the adjudicator appointed to decide rights of
parties has to proceed without bias and predilection, and maintain absolute
fairness and impartiality ... liabilities, an authority empowered to take
disciplinary action against its employee on a finding of misconduct arrived at in
pursuance of domestic enquiry
issued by an authority not competent to initiate the
disciplinary proceedings. Neither the disciplinary proceedings nor the charge-sheet be quashed at
an initial stage ... stage to deal with the issues. Proceedings are not liable
to be quashed on the grounds that proceedings had been initiated at a belated stage
Narendra Dutta Rai vs Union Of India & Ors on 29 September, 2016
IN THE
