Delhi Transport Corporation vs Ashok Kumar Sharma 2024 INSC 564 – Disciplinary Enquiry

Summary: Central Administrative Tribunal set aside an order dismissing an employee from service – HC upheld it – Dismissing appeal, SC observed: Disciplinary Authority must indicate an independent application of mind to the findings in the enquiry report followed by opportunity of hearing to the charged officer and only thereafter, the order imposing a major penalty can be passed against the charged officer-Disciplinary Authority must afford an opportunity of hearing to the charged officer before proceeding to impose the major penalty like dismissal from service- Even in a case of ex parte enquiry, it is essential that the department must lead evidence of witnesses to bring home the charges levelled against the delinquent employee.

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