Court finds disciplinary proceedings against Prof. Sanjay Mittal flawed, quashes penalties including withholding of increments and restriction on administrative duties.
In a significant ruling, the Allahabad High Court has quashed the penalties imposed on Prof. Sanjay Mittal, a faculty member of the Indian Institute of Technology (IIT) Kanpur, citing procedural unfairness and lack of reliable evidence. The court found that the disciplinary proceedings conducted against Prof. Mittal were vitiated due to the denial of legal representation and the absence of credible evidence to support the charges of misconduct.
The case arose from allegations of harassment and discourtesy against Prof. Mittal, following incidents during a departmental gathering and a faculty meeting in 2018. The inquiry, conducted by a retired High Court judge, found Prof. Mittal guilty of misconduct, leading to penalties including the withholding of two annual increments and a restriction from holding administrative responsibilities for three years.
However, the court, while hearing the intra-Court appeals filed by both Prof. Mittal and IIT Kanpur, observed that the denial of legal representation to Prof. Mittal during the inquiry was procedurally unfair, especially given that the inquiry officer was a retired judge. The court emphasized that such denial violated the principles of natural justice, rendering the inquiry invalid.
Further, the court noted that the findings of misconduct were not supported by reliable evidence. It highlighted that the allegations were based on hearsay and lacked direct witness testimony. The court pointed out that the alleged remarks during the departmental gathering were not heard by the complainant himself, and the convening of the faculty meeting did not, by itself, constitute misconduct.
In its judgment, the court concluded that the penalties imposed were unsustainable as they were based on findings unsupported by credible evidence. The restriction on holding administrative responsibilities was also quashed as it lacked statutory sanction under the applicable rules.
The court's decision underscores the importance of adherence to procedural fairness in disciplinary proceedings and the necessity of basing punitive actions on reliable evidence. The judgment reinstates Prof. Mittal's entitlements, allowing him to resume his professional duties without the imposed restrictions.
Bottom Line:
Disciplinary proceedings - Denial of legal representation to the charged employee in inquiry conducted by a retired High Court Judge held procedurally unfair - Findings of misconduct unsupported by reliable material cannot be sustained - Punishments imposed on the basis of such findings quashed.
Statutory provision(s): Article 226 of the Constitution of India, Central Civil Services (Classification, Control and Appeal) Rules, 1965, IIT Kanpur Statutes
Prof. Sanjay Mittal v. Union of India, (Allahabad)(DB) : Law Finder Doc id # 2955501
