Durga Prasad vs Govt. Of Nct Of Delhi 2025 INSC 548 - Disciplinary Proceedings
Disciplinary Proceedings - In the event of disagreement, Disciplinary authority has to give brief reasons for his disagreement with inquiry officer and provide an opportunity to the employee to respond to such disagreement note before forming its own opinion with regard to imposition of punishment on the delinquent. (Para 18)
Constitution of India - Article 226 - Disciplinary Proceedings - Ordinarily where enquiry is found deficient, procedurally or otherwise, High Court should remand the matter back to the authority concerned for redoing the exercise from the stage where the error crept in. However, it is equally settled that where there is long time-lag or circumstances are such that a remand at that stage would be unfair, or harsh, or otherwise unnecessary, the High Court can exercise its discretion and pass suitable orders as the facts and circumstances of the case may demand - At times, where enquiry is found faulty, necessitating a remand, the Court may, on account of long delay, instead of remanding the matter, mould the relief. (Para 17)
