D.H.B.V.N.L. VIDYUT NAGAR, HISAR & OTHERS versus YASHVIR SINGH GULIA

D.H.B.V.N.L. VIDYUT NAGAR, HISAR & OTHERS versus YASHVIR SINGH GULIA

The competent authority may dispense with a full departmental inquiry, even if major penalty was initially contemplated, and instead impose minor penalty after considering the reply of the delinquent; the procedure as per Regulation 7(8) was correctly followed by the Board.

Parties
Appellant: D.H.B.V.N.L. Vidyut Nagar, Hisar & Others; Respondent: Yashvir Singh Gulia
Jurisdiction
India
Judgment Date
30 July 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Departmental Inquiry, Minor Penalties, Major Penalties, Employees' Punishment
Service Law Departmental Inquiry Minor Penalties Major Penalties Employees' Punishment

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Parties

D.H.B.V.N.L. Vidyut Nagar, Hisar & Others

Appellant

Yashvir Singh Gulia

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a full-fledged departmental inquiry is obligatory when a major penalty has been contemplated but, after considering the delinquent's reply, a minor penalty is imposed instead

Ratio Decidendi

The competent authority may dispense with a full departmental inquiry, even if major penalty was initially contemplated, and instead impose minor penalty after considering the reply of the delinquent; the procedure as per Regulation 7(8) was correctly followed by the Board.

Court Disposition

Appeal allowed

Orders

  • Judgments of District Judge and High Court are set aside
  • Due promotion to respondent if minor penalty is not a bar