HC pulls up senior officers for 'alarming' violation of natural justice
Less than a fortnight after the Punjab and Haryana High Court took cognisance of a punishing authority deciding an appeal against its own order, Justice Jasgurpreet Singh Puri described the situation as "extremely alarming", while asserting that the officers appeared unfamiliar with basic principles of administrative law and natural justice.
Justice Puri also made two IAS officers, and six other senior functionaries, party to the ongoing petition. They have been asked to explain “as to why and under what circumstances they have unanimously decided to violate the basic principle of doctrine of bias and as to whether they were aware about the basic law being senior officers or not”.
The doctrine of bias prohibits individuals or bodies from acting as both judge and defendant in the same matter. Justice Puri was hearing a case where an order in an appeal was apparently passed by the punishing authority in contravention of the established principle of natural justice. Employee Ishpal Singh Chauhan had moved the court for the second time in the matter against the Haryana State Agricultural Marketing Board and another respondent through counsel Raman B Garg and Mayank Garg. He had, among other things, challenged the order of punishment and the subsequent order passed in the appeal.
Justice Puri, on the previous date of hearing, had asserted that senior state officers “are not only supposed to know but are also legally bound to know the basic principles of administrative law”, while calling for an explanation from the board’s then Chief Administrator for bypassing procedural norms in the appeal.
IAS officer TL Satyaparkash was also added as a respondent and asked to explain how the punishing authority had passed an order in the appeal.
Justice Puri, during the resumed hearing, asserted that the newly added respondent — stated to be a very senior IAS officer — had rather justified his action instead of taking corrective measures. “It is very shocking to note that the appellate authority consisting of nine members, who appear to be very senior officers, took a decision unanimously and while considering the appeal authorised the punishing authority against whose order the appeal was filed to pass a speaking order. Such kind of system adopted by the board of directors, comprising high-ranking and well-educated officers, is totally unacceptable,” the court observed.
Justice Puri made it clear that the eight board members made respondents were IAS officers Dr Sumita Misra and Hardeep Singh, HCS officers Kamal Preet Kaur and Manoj Khatri, in addition to Kavita Dhankar, Rishi Dangi, Mohinder Singh, and SK Kaul.
Justice Puri directed that the newly added respondents would be served through the State Chief Secretary, while asking the State counsel to apprise him of the order and to ensure that the respondents were informed.
