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).
Issue of Consideration
Whether the dismissal order passed by the disciplinary authority based on the enquiry report is sustainable in law.
Final Decision
Writ petition dismissed. No interference with the dismissal order.
Law Points
- Departmental enquiry
- misconduct
- charges proved
- dismissal
- writ petition
- no interference
