Case Note & Summary
The petitioner, a junior engineer with Respondent, challenged a disciplinary order dated 14/05/2019 imposing recovery of Rs. 2398.80 for alleged misconduct involving transformer transfers. The respondent issued a show cause notice but did not hold a departmental inquiry as required by disciplinary rules for recoveries above Rs. 50. The petitioner argued violation of natural justice and jurisdictional error, citing Rule 9 of the GEB Employees' Conduct, Disciplinary and Appeal Procedure. The respondent contended that principles of natural justice were observed and alternative remedy existed. The High Court held that the impugned order was invalid due to non-compliance with mandatory disciplinary procedures and violation of natural justice, quashing it under Article 226 of the Constitution of India.
Headnote
The High Court of Gujarat at Ahmedabad, in a writ petition under Article 226 of the Constitution of India, quashed and set aside the impugned order dated 14/05/2019 passed by the respondent -- The petitioner, a junior engineer, was served with a show cause notice for alleged connivance in frequent transfer of a transformer causing financial loss -- The respondent imposed a punishment of recovery of Rs. 2398.80 without holding a full-fledged departmental inquiry -- The Court held that as per Rule 9 read with Rules 4 and 6 of the GEB Employees' Conduct, Disciplinary and Appeal Procedure, recovery exceeding Rs. 50 requires a mandatory inquiry -- The principles of natural justice were violated as the petitioner was not given proper opportunity to defend herself -- The Court exercised its writ jurisdiction despite availability of alternative remedy due to jurisdictional error and violation of natural justice -- The petition was allowed, and the impugned order was quashed
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Issue of Consideration: The Issue of whether the disciplinary order imposing recovery of Rs. 2398.80 on the petitioner was valid given alleged violations of natural justice and non-compliance with disciplinary rules
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Final Decision
The High Court allowed the writ petition, quashed and set aside the impugned order dated 14/05/2019, and held that the punishment was invalid due to non-compliance with disciplinary rules and violation of natural justice
