Yogesh Bedi v. Punjab State Power Corporation Ltd. And ANR.
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The result of the aforesaid discussion would be that the principles of natural justice have to be read into Regulation 7 (2). As a result thereof whenever the disciplinary authority disagrees with the inquiry authority on any article of charge then before it records its own findings on such charge, it must record its tentative reasons for such disagreement and give to the delinquent officer an opportunity to represent before it records its findings. The report of the inquiry officer containing its findings will have to be conveyed and the delinquent officer will have an opportunity to persuade the disciplinary authority to accept the favorable conclusion of the inquiry officer. The principles of natural justice, as we have already observed,
require the authority, which has to take a final decision and can impose a penalty, to give an opportunity to the officer charged of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the officer."
Following the judgment of the Supreme Court in Kunj Behari Misra (supra), this Court allowed the writ petition filed by Sukhwinder Singh (supra). The case of the petitioner is squarely covered by Sukhwinder Singh's case.
7.
Consequently, the writ is allowed. Impugned order dated 25.06.2013 (Annexure P-4) passed by the punishing authority as also the order dated 06.07.2015 (Annexure P-6), passed by the appellate authority, upholding the order passed by the punishing authority are set aside. The respondents are directed to grant all consequential benefits to the petitioner within a period of one month from the date of receipt of a copy of this order. *
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