LALIT KUMAR vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26 November 2024 Pronounced on: 28 February 2025 + W.P.(C) 1546/2020 & CM APPL. 5387/2020 LALIT KUMAR .....Petitioner Through: Ms. Anu Bagai, Ms. Aakriti Bhandari, Mr. Shoumik Chowdary, Advs. alongwith petitioner in person. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Sushil Kumar Pandey, SPC with Ms. Neha Yadav, Adv. Ms. Shika Sapra and Mr. Dhruv Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA JUDGMENT % 28.02.2025 C. HARI SHANKAR, J. 1. Disciplinary proceedings, instituted against the petitioner by chargesheet dated 10 June 2011, issued under Rule 14(1)1 of the 1 14. Procedure for imposing major penalties – (1) No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 11 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and rule 15, or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is held under that Act. (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof. ***** Explanation – Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to Signature Not Verified W.P.(C) 1546/2020 Page 1 of 21 Digitally Signed By:AJIT KUMAR Signing Date:28.02.2025 17:49:38 Central Civil Service