The bench which comprise of Justice DY Chandrachud and Justice Hrishikesh Roy observes that disciplinary proceedings are not Quasi Criminal in nature. It may be noted that high court applied the wrong test in exercising its power for judicial review with reference to disciplinary proceedings. Mostly, disciplinary proceedings are not quasi criminal in nature.
The facts of the case Uttarakhand Transport Corporation & Ors. (Appellant) vs. Heera Singh Parihar (Respondent), are as follows. The respondent was appointed as a driver in the Uttarakhand transport Corporation, the respondent is accused to have entered time keeper’s room and abused a fellow colleague driver on 4th January 2005 at 7:30. A charge sheet was issued to the respondent. The disciplinary authority after the cause was shown came to a conclusion that the charge of misconduct was proved accordingly. The division bench of high court set aside the disciplinary enquiry.
The high court said that the nature of disciplinary proceeding is a quasi criminal. It evidently acted with urgency. It quashed the disciplinary proceedings findings. Setting aside the judgement of the Hon’ble High Court, the Supreme Court said that there was evidence of the Assistant Regional Manager and Station Master who were there at the time of incident and gave statements about what happened and therefore the charge of misconduct stood proved.
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