Court Restores Honour, Finds Disciplinary Proceedings Motivated by Malafide Intent
In a significant ruling, the Delhi High Court has quashed the compulsory retirement of Ex-Assistant Commandant R.S. Yadav, restoring his honour after finding the disciplinary proceedings against him to be motivated by malafide intent. The court observed that multiple preliminary enquiries were conducted despite earlier exonerations, and found the third preliminary enquiry, which led to Yadav's compulsory retirement, to be unwarranted.
The court's decision, delivered by a bench comprising Justices Dinesh Mehta and Vimal Kumar Yadav, underlined the lack of credible evidence and procedural irregularities in the disciplinary enquiry. The petitioner, R.S. Yadav, was initially exonerated in two previous preliminary enquiries conducted by the Central Industrial Security Force (CISF), where he served as an Assistant Commandant. However, a third enquiry, deemed unnecessary by the court, found allegations of misconduct substantiated.
The allegations against Yadav, primarily based on oral testimony without corroborative evidence, included attempts to develop illicit relationships and passing inappropriate remarks to female subordinates. The court highlighted that the findings of misconduct were not supported by a preponderance of probabilities, and the punishment of compulsory retirement was excessively harsh given the absence of prior complaints against Yadav.
The High Court emphasized the limited scope of judicial review in disciplinary proceedings but asserted its authority to intervene when findings are not based on evidence or are influenced by malafide intent. The judgment noted that the complainant's allegations appeared exaggerated, possibly motivated by previous disciplinary actions taken by Yadav against the complainant.
As a result of the ruling, the order of compulsory retirement dated 26.10.2005 and the related enquiry report were quashed. Yadav's service was deemed to have continued until his superannuation, with revised pension benefits accorded. The court, acknowledging the passage of time and Yadav's age of 72, focused on restoring his honour rather than granting arrears of pension.
This judgment highlights the importance of fair and unbiased disciplinary proceedings, reinforcing the judiciary's role in safeguarding individuals against motivated and unfounded charges.
Bottom Line:
Disciplinary Enquiry - Multiple preliminary enquiries conducted against the petitioner despite exoneration in initial enquiries - Third preliminary enquiry and disciplinary enquiry found unwarranted and motivated by malafide intent - Order of compulsory retirement quashed and petitioner's honour restored.
Statutory provision(s): Articles 226/227 of the Constitution of India, Service Law related to Disciplinary Proceedings, Natural Justice principles.
Ex.Asstt.Commandant R.S.Yadav v. UOI, (Delhi)(DB) : Law Finder Doc Id # 2828316
