The Supreme Court has observed that Disciplinary Proceedings cannot be set aside merely because some documents having no potential to casue prejudice to deliquent employee were not supplied.
The Division Bench comprising of Justice MR Shah and Justice Krishna Murari in this view quashed the the Punjab and Haryana High Court verdit whereby an employee's second appeal preferred was allowed and disciplinary proceedings against him was set aside on the ground that some documents were not supplied to him.
The Court opined that as such the impugned judgment and order passed by the High Court in exercise of powers under Section 100 of the Code of Civil Procedure, 1908 is unsustainable.
"From the impugned judgment and order passed by the High Court, it appears that the High Court has set aside the order passed by the disciplinary authority solely on the ground that some documents were not supplied to the delinquent. However, it is required to be noted that as such there is no finding that nonsupply of some documents has resulted into any prejudice caused to the delinquent-employee. Mere non-supply of the documents which may not have resulted any prejudice caused to the employee, the order passed by the disciplinary authority cannot be set aside."
The Court observed that the punishment of withholding of four increments can be said to be disproportionate to the misconduct proved and further opined that if instead of withholding of four increments, two increments are withheld, the same shall meet the ends of justice.
In view of the above, the order passed by the disciplinary authority withholding four increments was modified and substituted by withholding of two increments.
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(With input from news agency language)
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