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The competent authority under the disciplinary rules was the CMD, CIL, who had not passed the order of punishment. The disciplinary proceedings were initiated and a fresh suspension order was passed. One redeeming feature in the matter of attributing bias or malice and is now well settled that mere general statements will not be sufficient for the purposes of indication of ill will. predetermination of the disciplinary authority to punish the delinquent is set aside holding that it is totally perverse being based on no evidence. In the facts and circumstances of the case, the appeal stands allowed to the extent explained hereinabove.
11177(W) of 1993 and the same stood allowed by the learned single Judge vide judgment and order dated 22.2.2001 on the ground that the order of dismissal had been passed in contravention of the Statutory Rules. However, the direction for holding the disciplinary proceedings de-novo was not altered. In view of the Division Bench judgment and order dated 8.8.2001, the delinquent was reinstated. Khanna & Ors., (2001) 2 SCC 330, this Court examined the issue of bias and mala fide and observed as under:- "Whereas fairness is synonymous with reasonableness- bias stands included within the attributes and broader purview of the word 'malice' which in common acceptation means and implies 'spite' or 'ill will'. In such matters, the approach of the court or the tribunal should not be rigid or mechanical but flexible and realistic.
The appellants- employers were given liberty to initiate the proceedings de-novo, giving adequate opportunity to the delinquent to defend himself. Being aggrieved, the appellants challenged the said judgment and order dated 22.2.2001 by filing MA No. The said appeal was dismissed vide judgment and order dated 8.8.2001 observing that CMD, CIL was the only competent authority to award a major punishment like dismissal. A copy of the inquiry report along with a second show-cause notice was sent to the delinquent by registered post on 26.9.2003, giving him an opportunity to make a representation on the same. The Court would, therefore, be slow to draw dubious inferences from incomplete facts placed before it by a party, particularly when the imputations are grave and they are made against the holder of an office which has a high responsibility in the administration. In almost all legal inquiries, 'intention as distinguished from motive is the all-important 39. In view of the fact that inquiry officers have consistently found the delinquent guilty of committing a serious misconduct, such an observation was totally unwarranted, particularly in view of the fact that there is nothing on record to substantiate such an averment made by the delinquent. Even in criminal law a complaint cannot be "thrown over board on some unsubstantiated plea of malafides". Further, the finding that CMD, ECL was not competent to initiate the proceeding is also not sustainable in the eyes of law and thus, hereby set aside.
All other issues raised by the delinquent were left open. On conclusion of the proceedings ex-parte, as the delinquent did not participate in the proceedings, the inquiry officer found the charges proved against the delinquent vide report dated 18.9.2003. State of Tamil Nadu & Anr., AIR 1974 SC 555, this Court observed: "Secondly, we must not also over-look that the burden of establishing mala fides is very heavy on the person who alleges it..... There must be cogent evidence available on record to come to the conclusion as to whether in fact, there was existing a bias or a mala fide move which results in the miscarriage of justice....... State of J & K & Ors., (2003) 2 SCC 132, this Court held that the burden of proving mala fides lies very heavily on the person who alleges it. The party making such allegations is under the legal obligation to place specific materials before the Court to substantiate the said allegations. We could not find any material on record on the basis of which the High Court could be justified in recording a finding of fact that disciplinary proceedings had been initiated against the delinquent with pre-determined mind only to punish him. The finding recorded by the High Court regarding malice is unwarranted and hereby set aside.
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