• Singled out and dismissed for alleged misconduct which even the enquiry says was acollective failure

Need help in finding out SC, HC and other case citations that can be used to support the claim that:

disciplinary authority cannot single out an individual (principal of a College which is part of delhi university and hence comes under the definition of state) when the alleged act is due to collective failure of the institution (the governing body, architect and various committees appointed by the governing body).

The dismissal is unreasonable and should be quashed.
Let me know if you need any additional information
Asked 4 years ago in Labour

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9 Answers

Hello,

Yes please share the entire case facts (show cause notice, charge sheet, reply etc.) along with the order by means of which the incumbent has been dismissed from the services, thereupon only we will be in a situation to help you with the relevant judgments.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes it is unreasonable. We are unable to attach the PDF files for citations. You can send them legal notice and approach labour court.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

The ratio laid down in the following judgment directly applies to your case.

Delhi High Court

Harvinder Singh vs State on 3 February, 2015

Author: V.P.Vaish

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 18th November, 2014

% Date of Decision: 3rd February, 2015

+ CRL.M.C.Nos. 2877/2014, 2932/2014, 2938/2014, 2977/2014,

"49...;;;;The prosecution cannot be absolved of the responsibility of

bringing sufficient circumstances pointing towards existence of an agreement amongst the

conspirator to do an illegal act or a legal act through illegal means. Apart from commission of Acts,

prosecution is also casted with a responsibility to bring evidence on record suggesting that the same

has been committed in pursuance of an agreement made between the accused persons who were

parties to the alleged conspiracy. It is a well settled proposition of law that an offence of conspiracy

cannot be deemed to have been established on mere suspicion and surmises or inferences which are

not supported by cogent and acceptable evidence. Reliance can be made to the matter of 'Central

Bureau of Investigation, Hyderabad v. K. Narayana Rao' (2012) 9 SCC 512, where while dealing with

the subject matter Honble Apex Court has observed:-....."

"60......Under normal circumstances this court

would have expressed its displeasure on the conduct with a warning to the erring official/s but when

the abuse is of a wider magnitude, I deem it appropriate to take serious note of the same. When the

power is given to the investigating agency, it carries inbuilt responsibility on the officials of the

Police force to use the power diligently for detection of crime and not for victimisation of a person

for extraneous considerations. ......"

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

As per Article 12 of constitution the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

As such university comes under definition of state since it is under control of government.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you cannot be singled out and punished wherein alleged act has occurred due to collective failure of the institution

2) you can take legal proceedings to set aside order of dismissal from service

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Kinldy share the details for the grounds upon which the disciplinary action was taken

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If any decision is taken collectively, one person cannot be singled out for disciplinary action.

See: The pronouncement of the Supreme Court reported at (1999) 8 SCC 582 Hardwari Lal Vishal Yadav. vs. State of U.P. & Ors and (2007) 7 SCC 206 Bongaigaon Refinery & Petrochemicals Ltd. Vs. Girish Chandar Sarma.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. You have mentioned "The dismissal is unreasonable and should be quashed". What is your query please?

2. Adequate details of the case is required for providing legal suggestions.

3. The Principal works as per the guidelines set by the Governing Body to manage the Collage administratively.

4. So, it is improper to single out the Principal and punish him for for any improper act which was directed or passed by the Governing Body.

5. It is to be seen whether the disciplinary proceeding has been carried out as per law or not.

6. Since the college is part of the Delhi University, you can file a Writ Petition before the Delhi High Court challenging the decision taken against you.

7. You can engage a experienced lawyer having expertise in this field and also collect appropriate citations from specialised websites like Manupatra.com.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

First of all you prefer an appeal against the dismissal of employment.

You may strongly prepare the memorandum of appeal finding fault on the verdict by perusing the draft very properly and defy the same in the interest of the suspended employee.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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