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TMI Blog2012 (11) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant- Corporation for a housing loan, under the Corporation's Individual Employees Housing Scheme for the purpose of completing construction of the said house. An amount to the tune of Rs. 1,30,000/- was outstanding, against the loan availed by the respondent from the India Housing Finance & Development Ltd., as also a sum of Rs. 48,000/- required for completion of the said construction. The said loan was sanctioned after completing all requisite formalities. However, it came to the notice of the appellant-Corporation that there had been certain irregularities and deviations with respect to the construction of the said house, and that the loan had been obtained upon non- disclosure of facts in entirety. Thus, a charge sheet dated 6.1.1998 was issued to the respondent, for violating the provisions of Regulations 20, 21, 27 and 39(1) of the Life Insurance Corporation of India (Staff) Regulations, 1960 (hereinafter referred to as, the 'Regulations 1960'). B. The respondent submitted his reply to the said charges, denying all of them, vide reply dated 30.1.1998. The Disciplinary Authority, however, was not satisfied with the explanation furnished by the respondent and therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v, learned senior counsel, alongwith Ms. Indra Sawhney, Adv. appearing for the appellants, has submitted that the High Court has exceeded its jurisdiction by quashing the disciplinary proceedings, as well as the punishment imposed, stating that the same does not fall within the scope of judicial review. Moreover, the decision to not remand the case for reconsideration at such a belated stage, could also not be justified. Therefore, the judgment and order of the High Court, are liable to be set aside. 4. Per contra, Mr. V. Ramasubramanian, learned counsel appearing for the respondent, has opposed the appeal, contending that the High Court had taken note of every fact, and if after doing so, the court had come to the conclusion that the said disciplinary proceedings, had in fact, been conducted in violation of the principles of natural justice and applicable statutory rules, then no interference is warranted. The fact that the appellant was refused an opportunity, to complete the said enquiry de novo, on the ground of delay, is fully justified in law. Thus, no interference is called for, and the said appeal is liable to be dismissed. 5. We have considered the rival submissions made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmercial use without the knowledge and approval of the Corporation. vi) That you are carrying on manufacturing of Jute bags and Cotton floor mats business in the said premises without the knowledge of the Corporation. 7. In the present case, the High Court after reappreciating the entire evidence available on record, came to the conclusion that in the course of enquiry proceedings, certain witnesses had not been examined in the presence of the delinquent respondent, and that hence, no proper opportunity was given to him to cross-examine such witnesses. Moreover, the documents relied upon by the Enquiry Officer, were not properly proved by any witness and ultimately, it was held that the findings of the Enquiry Officer stood vitiated, for non-compliance with mandatory requirements of the regulations applicable herein, as well as for violating of the principles of natural justice. The court further held that the Appellate Authority had not applied its mind to the case, and had failed to consider the case as required under Regulation 46(2), of the Regulations, 1960. Thus, in light of the aforementioned observations, the court set aside the punishment imposed upon the respondent, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he charges on the ground of delay in initiation of disciplinary proceedings, as such a power is de hors the limitation of judicial review. In the event that, the court/tribunal exercises such power, it exceeds its power of judicial review at the very threshold. Therefore, a charge-sheet or show cause notice, issued in the course of disciplinary proceedings, cannot ordinarily be quashed by court. The same principle is applicable, in relation to there being a delay in conclusion of disciplinary proceedings. The facts and circumstances of the case in question, have to be examined, taking into consideration the gravity/magnitude of charges involved therein. The essence of the matter is that the court must take into consideration, all relevant facts and to balance and weigh the same, so as to determine, if it is infact in the interest of clean and honest administration, that the judicial proceedings are allowed to be terminated, only on the ground of delay in their conclusion. (Vide: State of U.P. v. Brahm Datt Sharma & Anr., AIR 1987 SC 943; State of Madhya Pradesh v. Bani Singh & Anr., AIR 1990 SC 1308; Union of India & Anr. v. Ashok Kacker, 1995 Supp (1) SCC 180; Secretary to Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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