18 October, 2007

Courts cannot quash decisions of disciplinary authority: CAT

17 Oct 2007 The Times of India

NEW DELHI: The Central Administrative Tribunal (CAT) has said that courts cannot sit in appeal over the decision of a disciplinary authority of a government department in relation to an employee's service.

A bench of the CAT headed by Member Meera Chhibber, declining to set aside the order of the Disciplinary Authority dismissing a senior engineer of Defence Ministry held that the scope of judicial review is limited to deficiency in decision making process and not the decision.

The tribunal said this while declining to interfere in the dismissal from service of a government employee convicted in a corruption case but whose sentence was suspended on appeal.

The bench added that courts can only review whether there is any irregularity in coming to the decision.

The tribunal accepted the argument of the Centre that merely because the sentence has been suspended by the appellate court, the conviction is not nullified.

The bench however said that if the appeal of the petitioner against conviction is allowed or he is exonerated by the High Court, he can seek remedy by making representation to the authority concerned.

The tribunal also observed that opportunity was given to the petitioner to make his representation on the proposed penalty.

The petitioner P K Verma, a senior engineer with Indian Service of Engineers (ISE) had alleged that he was removed from service on the basis of conviction in a corruption case and assailed the order of the department as bad in law. No reason was given and nor his representation was considered, he added.

http://timesofindia.indiatimes.com/India/Courts_cannot_quash_decisions_of_disciplinary_authority_CAT/articleshow/2467732.cms

With Thanks from THE TIMES OF INDIA

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