{"id":422,"date":"2020-04-23T10:29:52","date_gmt":"2020-04-23T10:29:52","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=422"},"modified":"2021-01-07T05:30:28","modified_gmt":"2021-01-07T05:30:28","slug":"disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/","title":{"rendered":"Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019<\/strong><\/p>\n\n\n\n

Uttarakhand Transport Corporation & Ors. V\/s. Heera Singh Parihar CIVIL APPEAL NO 9520 OF 2019<\/strong><\/p>\n\n\n\n

FACTS\nOF THE CASE<\/strong><\/p>\n\n\n\n

  1. The\nalleged incident took place on 4th<\/sup> January 2005 at about 19.30 hrs,\nwhen the Respondent Accused entered the time-keepers room where the Assistant\nRegional Manager was discussing the time-table of the depot. <\/li>
  2. The\nrespondent on his entrance in the room started to abused his colleague driver\nand also assaulted him in that time frame. <\/li>
  3. In\nthis respect, a charge-sheet was issued to the respondent on 12th<\/sup>\nJanuary 2005. The inquiry officer came to the conclusion that charges were\nproved and submitted an inquiry report on 01st<\/sup> April 2005. A notice\nof show cause was issued by the Regional Manager on 30 April 2005. The\ndisciplinary authority, after cause was shown, came to the conclusion that the\ncharge of misconduct was proved and accordingly, by its order dated 26 August 2005,\nimposed a penalty of the stoppage of eight increments.<\/li>
  4. The\norder of imposition of penalty was challenged before the Public Service\nTribunal, Uttarakhand which upheld the decision. <\/li>
  5. The\naggrieved then approached the High Court for redressal of his grievance and\nchallenged the penalty imposition order, which was set-aside by the High Court stating\nthat the disciplinary proceedings are of a Quasi-criminal nature and also the\nfact of the matter is that the case of the prosecution has not been supported\nby the complainant himself i.e. Sri Nand Kishor.\u201d<\/li>
  6. Thus,\nthe petitioners have approached the Hon\u2019ble Supreme Court of India challenging\nthe order of the High Court dated 10th<\/sup> October 2018, by presentation\nof the present appeal.<\/li><\/ol>\n\n\n\n

    ISSUES\nRAISED<\/strong><\/p>\n\n\n\n

    1. Whether\nthe disciplinary proceedings initiated at the instance of the employer is of\nQuasi-criminal nature and is thus bound by the principles & standard of\nproof by the criminal law? <\/li>
    2. Whether\nthe High Court was in haste by providing a single sentence to set-aside the\norder of penalty and erred in true letter & spirit? <\/li><\/ol>\n\n\n\n

      RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/p>\n\n\n\n

      The\nHon\u2019ble Supreme Court of India set-aside the High Court\u2019s order and allowed the\nappeal, setting the following legal matrix in this aspect: <\/p>\n\n\n\n

      1. \u201cDisciplinary\nproceedings are not quasi criminal in nature. A disciplinary inquiry is\nconducted by the employer to inquire into a charge or misconduct pertaining to\na breach of the rules and regulations governing the service of the employer.\nThe standard of proof is not that governed by a criminal trial. In exercising\njudicial review, the test is whether the findings are based on some evidence.\nThe High Court may interfere with only in a case where there is no evidence to\nsustain the charge of misconduct.\u201d<\/li>
      2. \u201cThe\nHigh Court has evidently acted with haste and ignored the fact that besides the\ndriver who was assaulted, there was other evidence which had been adduced\nduring the course of the disciplinary inquiry which supported the charge of\nmisconduct.\u201d<\/li>
      3. \u201cIt\nis true that the colleague of the respondent who is alleged to have been abused\nand assaulted by the complaint changed his version. But, the evidence of the\nAssistant Regional Manager and the Station in-charge, as noted in the report of\ninquiring officer, both of whom were present on the spot and gave accounts of\nwhat had transpired, the charge of misconduct stood proved. It cannot be held\nthat the punishment imposed was either disproportionate or arbitrary.\u201d<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 Uttarakhand Transport Corporation & Ors. V\/s. Heera Singh Parihar CIVIL APPEAL NO 9520 OF 2019 FACTS OF THE CASE The alleged incident took place on 4th January 2005 at about 19.30 hrs, when the Respondent Accused entered the time-keepers room where the Assistant […]<\/p>\n","protected":false},"author":144,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\nDisciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence - 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\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 Uttarakhand Transport Corporation & Ors. 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Heera Singh Parihar CIVIL APPEAL NO 9520 OF 2019 FACTS OF THE CASE The alleged incident took place on 4th January 2005 at about 19.30 hrs, when the Respondent Accused entered the time-keepers room where the Assistant […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/harshit.sharma.1048\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:29:52+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-01-07T05:30:28+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"560\" \/>\n\t<meta property=\"og:image:height\" content=\"315\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Hshits1997\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Hshits1997\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/\"},\"author\":{\"name\":\"Hshits1997\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\"},\"headline\":\"Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence\",\"datePublished\":\"2020-04-23T10:29:52+00:00\",\"dateModified\":\"2021-01-07T05:30:28+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/\"},\"wordCount\":579,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"articleSection\":[\"Supreme Court Judgement\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/\",\"name\":\"Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/disciplinary-proceedings-are-not-that-of-a-quasi-criminal-nature-and-doesnt-follow-the-rules-of-criminal-jurisprudence\/","og_locale":"en_US","og_type":"article","og_title":"Disciplinary Proceedings are not that of a Quasi-Criminal Nature and doesn\u2019t follow the rules of Criminal Jurisprudence - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 Uttarakhand Transport Corporation & Ors. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":146,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/422"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=422"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/422\/revisions"}],"predecessor-version":[{"id":6976,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/422\/revisions\/6976"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/373"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=422"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=422"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=422"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}