LAW FOR ALL

Service matter - Regulations 60(1)(b) - dismissed from service at preliminary enquiry stage - with out forming opinion whether to conduct regular inquiry or not - not valid- challanged - High court held that the disciplinary authority, the Chairman-cum-Managing Director, had not formed any opinion either to hold a regular inquiry or not as contemplated under Regulation 58 for imposing the major penalty and, accordingly, he quashed the order of punishment as well as the show cause notice.- Apex court held that opinion has to be founded on certain objective criteria. It must reflect some reason. It can neither be capricious or fanciful but demonstrative of application of mind. Therefore, it has to be in writing. It may be on the file and may not be required to be communicated to the employee but when it is subject to assail and, eventually, subject to judicial review, the competent authority of the Corporation is required to satisfy the Court that the opinion was formed on certain parameters indicating that there was no necessity to hold an enquiry. Thus, the High Court has correctly understood the principle stated in A. Prabhakar Rao (supra) and we do not find any fault with the same.= Food Corporation of India & Ors. |.. Appellant(s) | Versus |Sarat Chandra Goswami |.. Respondent(s) = 2014(May.Part) http://judis.nic.in/supremecourt/filename=41543