Hari Krishna 01 September 2024

Judgement copies

Respected members,In a case the Disciplinary authority has proposed 3 increments down punishment but due to influence of higher authorities he has imposed "Removal from service" punishment.When went to court the court has set aside the order and reverted the case back to Disciplinary authority to pass orders without any outward influence with personal hearing within 3 months.

Now after 6 months the Disciplinary authority has imposed the same removal from service punishment stating that the court has directed him to revisit the case afresh and he is passing orders afresh.

Is it legal? What is the remedy? Is it better to go for contempt or writ appeal?

Please provide any judgements on this aspect..

Thank You.

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13 Replies

T. Kalaiselvan, Advocate (Advocate) 01 September 2024

It is not contempt of court order.

you can prefer an appeal against the aggrieved judgment

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Hari Krishna 01 September 2024

Thank you sir. But is it legal sir?

kavksatyanarayana (subregistrar/supdt.(retired)) 01 September 2024

Yes. It is legal................

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Dr. J C Vashista (Advocate ) 02 September 2024

The orders passed by Disciplinary Authority is valid and legal, which may be challenged.

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Hari Krishna 02 September 2024

Thank you sir, But in his order he states that fresh order will be into retrospective effect from earlier punishment date which court has set aside.

T. Kalaiselvan, Advocate (Advocate) 02 September 2024

Any further and proper opinion can be rendered only after perusing the judgment copy hence you may better clarify all further details from your own lawyer.

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Hari Krishna 02 September 2024

Thank you sir

T. Kalaiselvan, Advocate (Advocate) 02 September 2024

You are welcome for your understanding.

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Sudhir Kumar, Advocate (Advocate) 07 September 2024

Given facts indicate that prima-facie the actipon of the Disciplinary Authority does not appear to be (i)illegal (ii) comtempt of court.

Peusal of the order and CAT directip is necessary alongwith earlier orer andproposal of lesser penalty.

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Dr. J C Vashista (Advocate ) 08 September 2024

Show the case file to a local prudent lawyer practicing service matters.

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Hari Krishna 08 September 2024

Sir, My only concern is how could a D.A flipflop on his decisions.Once he proposes less then he changes his mind.After court's intervention he again changes his mind.He should be sound mind and unbiased while taking decisions. Isn't it?

Dr. J C Vashista (Advocate ) 08 September 2024

It is the decision of DA, which may be challanged before appropriate Tribunal / Court as per law.

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T. Kalaiselvan, Advocate (Advocate) 08 September 2024

The discliplinary authority is not the final authority and the decision rendered by him can always be challenged in the higher forum including the legal platforms viz., tribunals and highcourt or even supreme court as the case may be.

Hence do not confine your case with the DA alone, you can explore the outsisde opportunities to get relief and justcie to your problems

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