Bombay High Court Dismisses Former Employee's Writ Petition Challenging Dismissal for Misconduct. Charges of Dereliction of Duty and Unauthorized Absence Proved in Departmental Enquiry.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The petitioner, a former employee of Zilla Parishad, Nagpur, was charge-sheeted for various misconducts including dereliction of duty, unauthorized absence, willful disobedience of orders, irresponsible behaviour akin to drunkenness while on duty, failure to furnish work book/diary, failure to carry out compliance of observations in the inspection of the Chief Executive Officer, creating obstruction in official work, and failure to improve in spite of communication of adverse remarks. The matter was referred to an Enquiry Officer attached to the Office of Divisional Commissioner. The petitioner appeared before the enquiry officer on few dates but remained absent on the date of hearing i.e. 22-2-1994. The enquiry officer submitted a report holding the charges proved. The disciplinary authority, after considering the report, imposed the penalty of dismissal from service. The petitioner challenged the dismissal order by way of a writ petition. The court observed that the petitioner had not challenged the enquiry proceedings or the findings of the enquiry officer on the ground of violation of principles of natural justice. The court held that in writ jurisdiction, it cannot re-appreciate the evidence and the findings of the enquiry officer are not perverse. Accordingly, the writ petition was dismissed.

Headnote

A) Service Law - Departmental Enquiry - Misconduct - Charges of dereliction of duty, unauthorized absence, willful disobedience, irresponsible behaviour, failure to furnish work diary, failure to comply with inspection observations, creating obstruction in official work, failure to improve despite adverse remarks - Enquiry officer found charges proved - Disciplinary authority imposed penalty of dismissal - Writ petition challenging dismissal - Held that the court cannot re-appreciate evidence in writ jurisdiction and the findings of the enquiry officer are not perverse (Paras 1-6).

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Issue of Consideration

Whether the dismissal order passed by the disciplinary authority based on the enquiry report is sustainable in law.

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Final Decision

Writ petition dismissed. No interference with the dismissal order.

Law Points

  • Departmental enquiry
  • misconduct
  • charges proved
  • dismissal
  • writ petition
  • no interference
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Case Details

2010 LawText (BOM) (01) 416

Writ Petition No.741 of 1994

2010-01-04

A. H. Joshi, Prasanna B. Varale

Shri N. R. Saboo (for petitioner), Mrs. A. R. Taiwade (AGP for respondent no.1), Shri B. M. Lonare (for respondent no.2 absent)

Krishna S/o Sitaram Kumbhare

Additional Commissioner, Nagpur Division, Nagpur and Chief Executive Officer, Zilla Parishad, Nagpur

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Nature of Litigation

Writ petition challenging dismissal order passed by disciplinary authority based on departmental enquiry.

Remedy Sought

Petitioner sought quashing of dismissal order and reinstatement with back wages.

Filing Reason

Petitioner was dismissed from service after departmental enquiry found charges of misconduct proved.

Previous Decisions

Enquiry officer submitted report holding charges proved; disciplinary authority imposed penalty of dismissal.

Issues

Whether the dismissal order is sustainable in law.

Submissions/Arguments

Petitioner argued that the enquiry was not fair and the findings were perverse. Respondents supported the dismissal order stating that the enquiry was conducted properly and charges were proved.

Ratio Decidendi

In writ jurisdiction, the court cannot re-appreciate evidence in departmental enquiries. The findings of the enquiry officer are not perverse and the dismissal order is sustainable.

Judgment Excerpts

This is a writ petition by a former employee of Zillah Parishad, Nagpur. The petitioner was charge sheeted, for misconduct under various heads. Admittedly, the petitioner remained absent on the date of hearing i. e. 22-2-1994.

Procedural History

Petitioner was charge-sheeted for misconduct. Matter referred to Enquiry Officer. Enquiry Officer submitted report holding charges proved. Disciplinary authority imposed penalty of dismissal. Petitioner filed writ petition challenging dismissal.

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