No reason mentioned in the punishment order for inflicting punishment in the departmental proceeding. In this situation can I seek quashing of that order? The proceedings were initiated against me when the regional officer caught three trucks on the Velipitu checkpost. When those truck drivers were arrested and interrogated by the police, they revealed their route. They admitted that they were coming from Deca Chungi post. I posted on that Deca post when the incident occurred. The show cause notice was issued to me and I replied the same. In the preliminary inquiry the charges were found against me. When I objected that the copy of the preliminary inquiry report was served to me along with the show cause notice, then that copy was supplied. In the departmental inquiry I produced my evidence and also cross-examined the witnesses. Upon completion of that inquiry the authority sent their report to the concerned authority. That authority punished me on the basis of that inquiry report. But did not give reason for the punishment. I want to challenge the punishment order because it is unreasoned.
Asked from: Tamil Nadu
This would be a weak point for challenging the punishment order issued by the concerned authority. A departmental inquiry was conducted, and you were given an opportunity to present your case. You submitted evidence in support of your defense and cross-examined the witnesses. This indicates that there is no apparent illegality in the departmental proceedings. Merely because the punishment order does not provide reasons for imposing the penalty does not constitute a strong basis for challenging the order.
In Boloram Bordoloi v. Lakhimi Gaolia Bank, (2021) 3 SCC 806, the Supreme Court held that it is well-established that if the disciplinary authority accepts the findings of the inquiry officer and imposes a penalty, the order of punishment does not need to include detailed reasons.
In your case, the punishment was imposed based on the findings recorded in the inquiry report. As such, the disciplinary authority is not required to provide further elaborate reasons. Instead of focusing on the absence of reasons, you should consider basing your appeal on grounds such as procedural irregularities, improper appreciation of evidence, failure to consider evidence produced by the employee, or disproportionate punishment.
If there are procedural lapses or if the disciplinary authority failed to consider exculpatory evidence, these could serve as valid grounds for setting aside the punishment order.
Also read: Disproportionate punishment