Delhi High Court Upholds Disciplinary Proceedings and Suspension of DRT-II Presiding Officer

The High Court dismisses petitions challenging suspension and inquiry, affirming the legality and necessity of actions against alleged misconduct.

In a significant judgment dated September 26, 2025, the Delhi High Court, presided over by Justice Prateek Jalan, upheld the disciplinary proceedings and suspension of M.M. Dhonchak, the Presiding Officer of the Debts Recovery Tribunal-II (DRT-II) in Chandigarh. The court dismissed the writ petitions challenging the orders of suspension and the initiation of disciplinary proceedings against Dhonchak, who argued the cases in person.

Dhonchak's suspension was initiated following complaints from the DRT Bar Association, Chandigarh, accusing him of misconduct, including rude behavior and granting excessively long adjournments contrary to the objectives of the Recovery of Debts and Bankruptcy Act, 1993. The disciplinary proceedings were upheld as intra vires and bona fide, with the validity of the chargesheet maintained. The High Court determined that the suspension, as per Rule 16 of the Tribunal (Conditions of Service) Rules, 2021, combined with the CCS (CCA) Rules, was not punitive but a necessary interim measure to ensure unimpeded disciplinary proceedings.

The court emphasized the limited scope of judicial review concerning suspension orders, noting that such orders are interim measures aimed at facilitating unhindered inquiry processes. Justice Jalan highlighted that the central government's actions, including the appointment of an inquiry officer and extension of suspension, were conducted following the statutory framework and did not exhibit mala fide intentions.

The High Court's decision aligns with prior judgments from the Punjab and Haryana High Court and the Supreme Court, which underscored the necessity of maintaining judicial decorum and efficiency in the functioning of tribunals. The dismissal of Dhonchak's petitions reinforces the judiciary's commitment to upholding procedural integrity and accountability within judicial bodies.

Bottom Line:

Disciplinary proceedings against Presiding Officer of Tribunal initiated for alleged misbehavior, long adjournments, and conduct impacting public interest. Suspension under Rule 16 of Tribunal (Conditions of Service) Rules, 2021 read with CCS (CCA) Rules upheld. 

Statutory provision(s): Tribunals Reforms Act, 2021; Tribunal (Conditions of Service) Rules, 2021; Recovery of Debts and Bankruptcy Act, 1993; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Central Civil Services (Conduct) Rules, 1964; Government of India (Transaction of Business) Rules, 1961.

M.M. Dhonchak v. Union of India, (Delhi) : Law Finder Doc Id # 2784957