{"id":419,"date":"2020-04-23T10:29:52","date_gmt":"2020-04-23T10:29:52","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=419"},"modified":"2021-01-17T11:55:01","modified_gmt":"2021-01-17T11:55:01","slug":"when-a-statute-lays-down-a-particular-manner-for-conducting-disciplinary-proceedings-then-it-has-to-be-conducted-in-the-prescribed-manner-and-in-no-other-manner","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/when-a-statute-lays-down-a-particular-manner-for-conducting-disciplinary-proceedings-then-it-has-to-be-conducted-in-the-prescribed-manner-and-in-no-other-manner\/","title":{"rendered":"When a statute lays down a particular manner for conducting disciplinary proceedings, then it has to be conducted in the prescribed manner and in no other manner."},"content":{"rendered":"\n

Ronita Biswas | National Law University, Orissa | 24th December 2019\u00a0 <\/strong><\/p>\n\n\n\n

Manik Lal Das v. The State of West Bengal & Ors. [G.A. No. 1260 of 2019 with W. P No. 77 of 2019] <\/strong><\/p>\n\n\n\n

Facts of the Case<\/strong><\/h4>\n\n\n\n

The Petitioner was an\nemployee of Calcutta State Transport Corporation (hereinafter referred as the\n\u2018Company\u2019). The Petitioner was employed as a bus conductor in the said Company.\nWhile the Petitioner was on duty, the vehicle on which he was performing his\nduty was inspected by the checking squad. An excess amount of Rs. 398\/- was\nfound in the cash bag of the Petitioner. When the Petitioner failed to give\nproper account with regard to the excess money, he was suspended by an order of\nsuspension. A charge sheet was issued against him and the Company initiated\ndisciplinary proceedings against the Petitioner. Being aggrieved by the institution\nof disciplinary proceedings and the imposition of penalty against him, the\nPetitioner filed a writ petition before the Calcutta High Court. The Petitioner\nprayed for setting aside the suspension order and the charge sheet. <\/p>\n\n\n\n

  • Appellant\u2019s contention<\/strong><\/li><\/ul>\n\n\n\n

    The Petitioner contended that the\nallegations levelled against him were false. Though he admitted to possess an\nexcess amount of Rs 400\/- with him, he reasoned that the money was for\npurchasing medicines.<\/p>\n\n\n\n

    The Petitioner alleged that the\ncharge sheet served upon him was defective and vague. The charge sheet failed\nto disclose the service rules by which the Petitioner was guided. Hence, the\ndisciplinary proceeding initiated on the basis of a defective charge sheet was\nfarce. The charge sheet was not specific since it did not mention the Article\nof Charges and the names of the management witnesses were also not forwarded\nalong with the charge sheet. The Petitioner relied upon the case of Chief\nInformation Commissioner v. The State of Manipur (2012(1) CHN(SC) 61) where it\nwas held that when a procedure is laid down statutorily and there is no\nchallenge to the said statutory procedure the court should not, in the name of\ninterpretation lay down a procedure which is contrary to the expressed\nstatutory provision. Where statute provides for something to be done in a\nparticular manner it has to be done in that manner alone and all other modes of\nperformance are necessarily forbidden. In the instant case, the respondents\nwere bound to follow the Service Regulations of the Company by issuing a formal\ncharge sheet stating the Articles of Charges and forwarding the list of\ndocuments relied upon by the Company. Instead the Company did not comply with\nthe same.. Hence, the entire disciplinary proceeding stands vitiated in law.<\/p>\n\n\n\n

    The Petitioner relied upon the Rule\n39 of the Calcutta State Transport Employees\u2019 Service Regulation wherein it has\nbeen stated that no order of dismissal, removal or reduction shall be passed on\nan employee of the Corporation unless he has been informed in writing of the\ngrounds on which it is proposed to take action and has been offered an adequate\nopportunity of defending himself. The grounds on which it is proposed to take\naction shall be reduced to the form of definite charges which shall be communicated\nto the person charged together with the statement of allegations on which each\ncharge is based. The Petioner made an averment that the Company stood merged\nwith other transport undertakings of the State Government and has since been\nrenamed West Bengal Transport Corporation. Hence, the Petitioner contended that\nsince the identity of the Company where the Petitioner was employed had changed\nbecause of the merger, he was not aware of the service rules under which he was\nguided.<\/p>\n\n\n\n

    The Petitioner alleged violation of\nthe principle of natural justice. He specifically stated that since the notices\nof hearing were not served to him, he was unable to attend on the said dates of\nhearing. The Petitioner had relied on the decision of Zahira Habibulla Sheikh\n& Anr. v. State of Gujarat (AIR 2006 SC 1967) where the court upheld that\nreasonable opportunity of hearing must be given to the accused. The Petitioner\ncontended that he was denied the opportunity of hearing as he did not receive\nthe copy of the hearing notices, due to which he was absent when the evidence\nand depositions of management witnesses were recorded. The inquiry officer had\nproceeded with recording the evidence of the management witnesses in his\nabsence and the Petitioner never had the opportunity to cross-examine the\nwitnesses.<\/p>\n\n\n\n

    The Petitioner also alleged to the\nhighhanded activity of the inquiry officer by writing a letter to the Managing\nDirector of the Company. The Petitioner also alleged that the inquiry officer acted\nin a biased manner by compelling him to sign on pre-written documents. <\/p>\n\n\n\n

    The Petitioner alleged that since\nthere is absolutely no evidence against him, the inquiry officer must have\nacted in a prejudicial manner in passing the impugned order of punishment. He\nrelied on the judgment of Narendra Mohan Arya v. United India Insurance Co.\nLtd. (AIR 2006 SC 1748) wherein the court held the\u00a0 where the report of the inquiry officer is\nbased on no evidence, the same came can be interfered with. <\/p>\n\n\n\n

    • Respondent\u2019s Contention<\/strong><\/li><\/ul>\n\n\n\n

      The Respondents had opposed the\nprayer of the Petitioner. <\/p>\n\n\n\n

      It had been contended that the\npresent writ petition was not maintainable in view of the availability of an\nalternate forum. The impugned order being appealable, the writ petition ought\nnot to be entertained by the Court. <\/p>\n\n\n\n

      The Respondents contended that\nRegulation 41 of the Calcutta State Transport Corporation Employees\u2019 Service\nRegulation is applicable to all employees of the Corporation and the Petitioner\nis liable to follow the same.<\/p>\n\n\n\n

      Further, the Petitioner was given\nadequate opportunity of hearing. Repeated notices have been served upon the\nPetitioner and he had accepted the same by putting his signature on the\nacknowledgment due card.<\/p>\n\n\n\n

      It has been argued that it was a\nclear case of admission of guilt. The Petitioner himself had accepted the\ncharge against him in his explanation to the charge sheet but has given an\nexcuse to escape from his liability. The Respondents have relied on the case of\nDharmarathmakara Raibahadur Arcot Ramaswamy Mudaliar Educational Institution\n\u2013vs- Educational Appellate Tribunal and Anr. (19997 SCC 332) where the court\nheld that no enquiry is necessary when one admits one\u2019s violation. In the\ninstant case, the Petitioner admitted his guilt and it was not necessary to\ngive him an opportunity of hearing. Still the Petitioner was given an\nopportunity to defend the charges levelled against him so as not to punish him\nunheard.<\/p>\n\n\n\n

      According to the service condition,\nthe Petitioner was not supposed to carry his personal cash while conducting his\nduty. In case he does so, he has to immediately notify the concerned person\nprior to his journey. The Petitioner was a repeated offender of the said\noffense.<\/p>\n\n\n\n

      The Respondents have contended that\nthe Petioner from the very beginning was aware of the charges and the service\nrule which guided him. He intentionally relied upon some irrelevant documents\nto bypass the whole issue and misleading the Court as a result.<\/p>\n\n\n\n

      Further, the entire proceedings had\nbeen conducted strictly in accordance to law confirming the principles of\nnatural justice. The Respondents argued that the charge sheet clearly states\nthe charges levelled against the Petitioner and the copy of the depositions\nwere duly forwarded to him. Though the Petitioner was present during the\nhearing, he abstained from cross-examining the witnesses. <\/p>\n\n\n\n

      Lastly, the Respondents argued that\nthe onus is upon the employee to show that he was prejudiced due to any action\nor inaction on the part of the Respondent, as has been held in Union of India\nv. Alok Kumar (2010 5 SCC 349).<\/p>\n\n\n\n

      Held <\/strong><\/h4>\n\n\n\n

      The Court held that since there is no\ndocumentary evidence of the alleged merger of the Company, the Petitioner\ncontinues to be an employee of the Company guided by the Calcutta State\nTransport Corporation Employees\u2019 Service Regulation.<\/p>\n\n\n\n

      The Court relied on Form-91from where\nit appears that though the Petioner claimed that he had kept the money for\npurchasing medicines, he did not possess the doctor\u2019s prescription according to\nwhich he claimed to purchase medicines. <\/p>\n\n\n\n

      As the Petitioner was performing his\nduty, it was incumbent of him to disclose the amount of personal cash he has\ncarrying prior to his journey. If the Petioner is unable to give satisfactory\nexplanation with supporting documents for the same, he becomes liable for the\nsame. To prevent and avoid mixing up of personal cash with the cash collected\nofficially, the Company has a rule of disclosure of personal cash prior to\nembarking upon a journey. Non-observance of the said rule leads to the\nconclusion that the excess money is unaccounted for and reflects lack of devotion\nand care, diligence and sincerity. As the Petitioner himself admitted that he\ncarried the money without disclosing the same prior to his journey, it amounts\nto admission of guilt.<\/p>\n\n\n\n

      The Court held that a bare reading of\nthe charge sheet will make it distinctly clear about the charges levelled. The\ncharge sheet possess all the details of the allegations imposed, Articles of\nCharges, information regarding the members of the Checking squad, the amount\nheld in excess by the Petitioner. There is no iota of doubt regarding the\ndefiniteness of the charges brought against the Petitioner, It is specific and\nunambiguous.<\/p>\n\n\n\n

      Regarding the issue of non-receipt of\nhearing notices resulting in violation of the principle of natural justice, the\nCourt, held that the track reports reveal that the notices were delivered to\nthe Petitioner. <\/p>\n\n\n\n

      The submission of the Respondents\nregarding the maintainability of the writ petition had been considered by the\nCourt. The Court took the consistent stand of the of the Supreme Court that\navailability of an alternative remedy will not be a complete bar in entertaining\nwrit petition alleging violation of the principle of natural justice<\/p>\n\n\n\n

      The Court reiterated that in case of\ndomestic principles strict rules of evidence need not be followed. As long as\nsome evidence is available, the disciplinary authority can act on the basis of\nthe same. There is no apparent illegality in the disciplinary proceedings\nconducted by the authorities. The Court reinstated the principle that when the\nStatute lays down a particular manner for proceeding with the disciplinary\nproceeding then it has to be conducted in the prescribed manner and in no other\nmanner.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Ronita Biswas | National Law University, Orissa | 24th December 2019\u00a0 Manik Lal Das v. The State of West Bengal & Ors. [G.A. No. 1260 of 2019 with W. P No. 77 of 2019] Facts of the Case The Petitioner was an employee of Calcutta State Transport Corporation (hereinafter referred as the \u2018Company\u2019). The Petitioner […]<\/p>\n","protected":false},"author":167,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"yoast_head":"\nWhen a statute lays down a particular manner for conducting disciplinary proceedings, then it has to be conducted in the prescribed manner and in no other manner. - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/when-a-statute-lays-down-a-particular-manner-for-conducting-disciplinary-proceedings-then-it-has-to-be-conducted-in-the-prescribed-manner-and-in-no-other-manner\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"When a statute lays down a particular manner for conducting disciplinary proceedings, then it has to be conducted in the prescribed manner and in no other manner. - LexForti\" \/>\n<meta property=\"og:description\" content=\"Ronita Biswas | National Law University, Orissa | 24th December 2019\u00a0 Manik Lal Das v. 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The State of West Bengal & Ors. [G.A. No. 1260 of 2019 with W. P No. 77 of 2019] Facts of the Case The Petitioner was an employee of Calcutta State Transport Corporation (hereinafter referred as the \u2018Company\u2019). 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