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2006 (4) TMI 455 - SUPREME COURTDisciplinary Proceedings-Conducting of on the issues on which no charges framed Propriety of-Employee allegedly failed and/or neglected to maintain a register known as ACE-8 Register-Disciplinary proceedings initiated against him, five years after he handed over charge, remained pending for seven years-The Enquiry Officer proceeded as if in the departmental proceedings the employee was charged with misappropriation of property-Employee was removed from service-The appellate authority, while dismissing the appeal filed by the employee, went into the question of maintenance of muster roll and the diaries maintained on a day-to-day basis although that was not the subject matter of the charge-The High Court also proceeded on the basis that the non-maintenance of diary amounted to misutilization of copper wire-Held: It is true that the jurisdiction of the court in judicial review is limited-Disciplinary proceedings, however, being quasi-criminal in nature, there should be some evidences to prove the charge-A serious charge could not have been enquired into without framing appropriate charges-Initiation of the disciplinary proceedings as also continuance thereof after a long time evidently prejudiced the delinquent officer-Hence, the orders of the disciplinary authority as also the appellate authority cannot be sustained-Dismissal set aside-Judicial Review.
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