Delhi High Court
Sh. Durga Dutt vs Rites Ltd. Through The Chairman ... on 23 May, 2023
Neutral Citation Number: 2023: DHC: 3698-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: May 23, 2023
21
+ W.P.(C) 8978/2019
SH. DURGA DUTT ..... Petitioner
Through: Mr. Amarendra, Advocate with
petitioner-in-person.
versus
RITES LTD. THROUGH THE CHAIRMAN
AND ORS. ..... Respondents
Through: Mr. Atul Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
1. The challenge in this writ petition is to an order dated February 06,
2019, passed by the Central Administrative Tribunal („Tribunal‟, in short) in
O.A. 4235/2013, whereby the Tribunal has dismissed the Original
Application filed by the petitioner herein. The challenge in the Original
Application was to the chargesheet, order of penalty and orders of
Disciplinary Authority, Appellate Authority and Reviewing Authority.
2. The chargesheet had culminated in an Inquiry report, wherein the
Inquiry Officer has against 6 charges proved 3 charges, against the
petitioner. The petitioner had challenged the same on various grounds,
including the ground that Inquiry Officer was biased as he was the Officer
who had carried out the preliminary enquiry against the petitioner.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 8978/2019 Page 1 of 3
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3698-DB
3. We find that Tribunal has noted the relevant facts including the
chargesheet was issued to the petitioner; the inquiry conducted by the
Inquiry Officer who submitted the report and the fact that the Disciplinary
Authority has passed a detailed order imposing penalty and the appeal and
review petition were dismissed.
4. In substance, the Tribunal held that enquiry proceedings have been
conducted in accordance with the principles of natural justice. The Tribunal
has also noted some of the judgments of the Supreme Court in matters
related to disciplinary proceedings while dismissing the petition. The
Tribunal has in paragraph 6 held as under:
"6. In view of the facts of the case narrated above and in
view of the law laid down by Hon'ble Apex Court referred to
above and in view of the fact that the counsel for the
applicant has not brought to our notice violation of any
procedural rules or principles of natural justice, the OA is
devoid of merit."
5. Suffice to state, order of the Tribunal is bereft of any reasoning, in so
far, as the plea with regard to the fact that Inquiry Officer was biased. The
finding of the Tribunal was "the Inquiry Officer indeed held some of the
charges as not proved, some of the charges partly proved and some of the
charges proved purely on the basis of the evidence available on record".
6. Meaningfully read, the Tribunal held that Inquiry Officer was not
biased. Except the finding on that ground, no other ground has been dealt
with by the Tribunal.
7. This Court accordingly set aside the impugned order dated February
06, 2019, and revive the Original Application being O.A. 4235/2013 on the
Board of the Tribunal with a direction that Tribunal shall hear the parties
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 8978/2019 Page 2 of 3
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3698-DB
afresh on all the grounds taken by the petitioner in the O.A. and pass a
reasoned and a speaking order.
8. Accordingly, the writ petition is disposed of.
9. Counsel for the parties are granted liberty to file an application for the
revival of the Original Application on the strength of this order. No order as
to costs.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
MAY 23, 2023/R
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:29.05.2023
15:42:41
