Published on: November 24, 2023 at 18:07 IST
Court: High Court of Rajasthan
Citation: Jasram Jat V. State (2023)
Honourable High Court of Rajasthan has held that the Disciplinary Authority which are quasi-judicial authority must provide “good and sufficient reasons” for their orders which must be speaking orders containing the reasons for coming to such conclusion of holding the delinquent employee guilty of any misconduct as alleged against him/her.
11. The order of punishment which is passed in quasi-judicial proceedings must contain some reasons. Mere recording of conclusions is not sufficient for compliance of the requirement of principles of natural justice as well as Rule 14 of the CCA Rules.
Merely recording one line conclusion that after going through the record, the charges levelled against the delinquent official are fully proved is not sufficient. The order must contain reasons, which could show application of mind and which could disclose mental application of the competent authority to the contents of the enquiry report and connected record. Apart from this, points raised by the delinquent official in the representation must be considered by the competent authority and good and sufficient reasons must be recorded as to why they were not being acted upon.
14. The petitioner submitted detailed reply with the chargesheet but without considering the defence of the petitioner and the report of preliminary enquiry, the penalty order has been passed against the petitioner without recording good and sufficient reasons in the impugned order dated 17.02.2011. A one line order has been passed that the charges were found to be proved against the petitioner on the basis of evidence available on the record and the reply of the petitioner was found to be unsatisfactory.
Drafted By Abhijit Mishra