Himachal Pradesh High Court Upholds Validity of Delegated Disciplinary Proceedings

Disciplinary authority empowered to initiate proceedings under delegated powers from State Legal Services Authority, ruling dismisses challenge by petitioner

In a significant ruling delivered by the Himachal Pradesh High Court, the bench consisting of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj dismissed a writ petition challenging the initiation of disciplinary proceedings by the District Judge, Chairman of the District Legal Services Authority (DLSA), Mandi. The petitioner, Om Prakash, a Senior Assistant with the DLSA, contended that the disciplinary proceedings were invalid as they were initiated by the Chairman, DLSA, instead of the State Legal Services Authority (SLSA), which was the appointing authority.

The court observed that the Executive Chairman of the SLSA had duly delegated the powers to the Chairman, DLSA, to initiate disciplinary action, which is permissible under the Legal Services Authorities Act, 1987. The judgment referenced Sections 6 and 9 of the Act, which outline the constitution and powers of State and District Legal Services Authorities, respectively. The delegation of authority was deemed valid, aligning with past judgments from the Supreme Court that have upheld similar delegations of power.

The court noted that no prejudice was caused to the petitioner as the delegation was done by a superior officer, and the disciplinary authority was within its rights to 'draw up' or 'cause to be drawn up' the charges. The petitioner had failed to raise jurisdictional issues during earlier communications, thus undermining his current challenge. Moreover, the court cited previous Supreme Court cases, including State of Jharkhand v. Rukma Kesh Mishra and Union of India v. B.V. Gopinath, to reinforce its decision.

The ruling emphasized that the power of delegation is inherent in the administrative functioning of legal service authorities and that such delegations are not invalidated merely due to procedural challenges. The court reiterated that once the delegation from a superior officer is established, the courts should exercise restraint in interfering with the proceedings.

In light of these observations, the writ petition was dismissed, affirming the validity of the disciplinary proceedings initiated by the Chairman, DLSA, Mandi. The judgment is expected to have far-reaching implications for the administration of disciplinary proceedings within legal service authorities across the state.

Bottom Line:

Disciplinary proceedings initiated by a delegated authority under the Legal Services Authorities Act, 1987 are valid when delegation is made by a superior officer and proper procedures are followed.

Statutory provision(s): Legal Services Authorities Act, 1987 Sections 6, 9; Central Civil Services (Classification, Control and Appeal) Rules, 1965

Om Prakash v. Hon'ble High Court of H.P, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2805236