Excelsior Correspondent
SRINAGAR, June 7: High Court today held that punishment of a delinquent employee without holding regular enquiry against him/her is abuse of law.
Justice M A Chowdhary while setting aside a Board of School Education (BOSE) order said that no disciplinary committee was constituted by the BOSE to conduct regular enquiry into the charges against the delinquent employee and the committee, so constituted, had been asked to pinpoint and probe into the irregularity committed by the officials of the Sub Office Kulgam including the petitioner, and to fix responsibility of the Principal HSS Devsar, S.O, and the petitioner.
“The petitioner-Dar was recommended to be penalized by withholding his next promotion for a period of two years. Respondent-Board acted upon the afore-stated report without conducting the disciplinary enquiry to look into the charge against the petitioner. As per the Service Law Jurisprudence, the official having committed misconduct during his service is to be charge-sheeted by framing articles of charge and to lead evidence before the enquiry officer as appointed, where the delinquent official must have a right to cross examine the witnesses and also lead evidence in his defense”, Justice Chowdhary added adding with “the impugned order, having been passed in arbitrary manner without conducting disciplinary enquiry into the alleged misconduct against the petitioner, is not sustainable”.
A BOSE employee, Abdul Rehman Dar, was given punishment for negligence during duty by order dated July 28, 2009 issued by the Secretary BOSE debarring him from any further promotion for a period of two years with effect from the date he becomes eligible for the next promotion.
He challenged the said punishment order and submitted that holding departmental proceeding and recording finding of guilt against any delinquent and imposing punishment is a quasi-judicial function and not administrative function as such the authorities have to strictly adhere to the statutory rules while imposing punishment.
“It was incumbent upon the respondent-Board to appoint an enquiry officer, serve charge sheet upon the petitioner as delinquent, lead evidence in support of the charge of misconduct and allow him to bring evidence in his defense. Respondents have thus committed grave irregularity by not conducting regular enquiry and imposing penalty of withholding next promotion of the petitioner for the period of two years from the date he becomes due for next promotion”, reads the judgment.
To conduct departmental enquiry against a Government servant, court added, is not a casual exercise as it cannot be conducted with a closed mind and the enquiry officer has to be unbiased. The rules of natural justice are required to be observed to ensure not only that justice is done but it is manifestly seen to be done.
Court said the object of rules of natural justice is to ensure that a government servant is treated fairly in proceedings which may culminate in imposition of punishment.
“The penalty imposed on the petitioner in absence of being held guilty in regular enquiry is the abuse of power by the respondents and this arbitrary action on the part of the respondents cannot be upheld”, Court said.
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