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Patna High Court

The Managing Director, Hindustan Antibiotic LimitedversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The intra‑court appeal is dismissed, confirming that the dismissal and appellate orders were invalid due to lack of competent authority and violation of natural justice.

Summary

The case concerned the dismissal of a Junior Medical Representative of Hindustan Antibiotics Limited, who was dismissed by the General Manager (Marketing) on 5 December 2000 following a charge‑memo and enquiry. The employee challenged the dismissal, arguing that the General Manager was not the appointing authority and that no delegation of disciplinary power had been shown, and that the order violated principles of natural justice. The Single Judge quashed both the dismissal order and the subsequent appellate order, holding them illegal and perverse. On appeal, the employer contended that the General Manager had been delegated authority under Part‑III Order No. 281 dated 10 April 1991 and that the employee had been given adequate notice. The High Court affirmed the Single Judge’s decision, finding no evidence of lawful delegation, noting the non‑speaking nature of the orders, and emphasizing that intra‑court appellate jurisdiction does not permit re‑hearing of facts absent patent illegality. Consequently, the intra‑court appeal was dismissed.

Issues considered

  • The dismissal order was passed by an authority subordinate to the appointing authority without lawful delegation of disciplinary powers.
  • Whether the employer had established a valid delegation of dismissal authority to the General Manager (Marketing).
  • Whether the dismissal order violated principles of natural justice by being non‑speaking and lacking an independent application of mind.
  • Whether the appellate order of 24 January 2001 addressed the grounds raised in the memorandum of appeal.
  • Whether the intra‑court appellate bench can interfere with the Single Judge’s findings on facts absent patent illegality or perversity.

Subjects

  • service law
  • disciplinary action
  • dismissal
  • delegation of authority
  • natural justice
  • intra‑court appeal
  • writ jurisdiction
  • quashing order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.398 of 2023
                                        In
                  Civil Writ Jurisdiction Case No.5334 of 2001
     ======================================================
1.    The Managing Director, Hindustan Antibiotic Limited Pimpri, Pune,
      Government of India undertaking.
2.   The General Manager (Marketing) Hindustan Antibiotics Limited, Pimpri,
     Pune.
3.   The Divisional Manager, Hindustan Antibiotics Limited, Road No. 5,
     Rajendra Nagar, Patna- 16.
4.   The Divisional Manager having his office in Hindustan Antibiotics Limited,
     Calcutta.
5.   Hindustan Antibiotics Limited, through Company Secretary, Pimpri, Pune, A
     Government of India Undertaking.

                                                              ... ... Appellant/s
                                      Versus

1.   The Union of India through Secretary, Ministry of Chemical and Fertilizer,
     Government of India, New Delhi, having his office in Shastri Nagar, Dr.
     Rajendra Prasad Road, New Delhi.
2.   Abinash Kumar Sinha, son of Sri Baijnath Sahay, resident of D Block,
     Kadamkuan, Police Station Kadamkuan, District Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Astitva Vatsa, Advocate
                                  Mr.Amitabh Sohan, Advocate
     For the Respondent/s   :     Mr. Subodh Kumar Jha, Sr. CGC
                                  Mr. Satyendra Kr. Jha, CGC
     For the Respondent No.2:     Mr. Rupak Kumar, Advocate
                                  Mr. Vikrant Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

      Date : 27-02-2026

                    Re.: I.A. No. 01 of 2025

                   The present interlocutory application has been filed

      seeking condonation of delay of 04 years 04 months and 19
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         days in preferring the present appeal.

                      2. For the reasons stated in the interlocutory

         application, the delay in filing the appeal is condoned.

                      3. I.A. No. 01/2025 stands allowed.

                      Re.: L.P.A.No. 398 of 2023

                      4. The present intra court appeal has been preferred

         against the judgment dated 25.08.2018 passed by the learned

         Single Judge in CWJC No. 5334 of 2001, whereby the writ

         petition preferred by the respondents/writ petitioner was

         allowed and the punishment order dated 05.12.2000 as well as

         the appellate order dated 24.01.2001 was quashed .

                      5. In the writ petition, the writ petitioner had sought

         the following reliefs:

                          “4(a) That the respondents be directed to pay to
                          the petitioner terminal benefit namely leave
                          encashment, General Provident Fund amount
                          and gratuity, consequent upon the quashing the
                          order dated 24.1.2001 and 5.12.2000 with
                          penal interest at current market rate.
                          (b) That the writ in the nature of certiorari be
                          issued quashing the appellate order dated
                          24.1.2001 as contained in Annexure-1.
                          (c) That the writ in the nature of certiorari be
                          issued quashing the order dated 20.12.2000 and
                          5.12.2000 as contained in Annexure-2 and 3.
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                          (d) That the respondents be directed to accept
                          resignation of the petitioner and pay his
                          terminal benefits as he completes the qualified
                          period of service.
                          (e) That any other relief or reliefs for which the
                          petitioner is entitled be granted by this Hon’ble
                          Court.”

                      6. The brief facts of the case are that the writ

         petitioner joined as a Junior Medical Representative with

         Hindustan Antibiotics Limited in the year 1985. He continued in

         service to the satisfaction of the authorities concerned and his

         case was even recommended for promotion to the post of

         Regional Manager. However, a charge-memo dated 19.11.1999

         was issued to him in relation to the period 1992 to 1995,

         alleging irregularities during his tenure in the Nepal area. The

         allegations, inter alia, pertained to supply of medicines to the

         distributors without confirmed orders, slow movement of

         stocks, acceptance of part payments against liquidations of

         stocks, and grant of special rates to distributors while adjusting

         outstanding dues. An enquiry was conducted by the Enquiry

         Officer, who submitted his report dated 13.9.2000 holding all

         the charges proved. Thereafter, a second show cause notice

         dated 09.10.2000 was issued to the petitioner, wherein it was

         acknowledged that the enquiry proceedings had been conducted
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         in his absence. The petitioner was called upon to submit his

         reply to the enquiry report and to show cause as to why he

         should not be dismissed from service. Subsequently, the General

         Manager (Marketing), by order dated 05.12.2000, dismissed the

         petitioner from the services with effect from 05.12.2000,

         without issuing any further notice. The petitioner preferred an

         appeal, which was dismissed by the Managing Director of the

         Hindustan Antibiotics Limited by order dated 24.1.2001.

                      7. The learned Writ Court, after hearing the parties,

         passed the following orders:

                          “3. The learned counsel for the petitioner has
                          raised a small point for consideration to the effect
                          that the petitioner was promoted as Area Executive
                          in the marketing division by an order issued by the
                          Chief General Manager (Marketing), who is the
                          appointing authority of the petitioner herein,
                          however, the punishment order dated 5.12.2000 has
                          been passed by the General Manager (Marketing),
                          hence on this ground alone, the order of
                          punishment dated 5.12.200 is fit to be set aside
                          since the petitioner could not have been dismissed
                          by an authority who is lower in rank to the
                          appointing authority. Reference in this regard has
                          been made to a judgment reported in AIR 1964 SC
                          600 (Moti Ram Deka Vs. G.M., North East
                          Frontier Railway & Ors.). The next issue raised by
                          the learned counsel for the petitioner is that bare
                          perusal of the punishment order dated 5.12.2000
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                          would show that neither any opportunity of hearing
                          was given to the petitioner nor any reason
                          whatsoever has been furnished in the said order of
                          dismissal, hence the order of dismissal is fit to be
                          set aside on this ground alone. Reference in this
                          regard has been made to a judgment reported in
                          (2002) 10 SCC 351 [State of Bihar & Ors. Vs.
                          Lakshmi Shankar Prasad] and the one reported in
                          2005(3) PLJR 304 [Md. Hassan Ansari vs. The
                          State of Bihar & Ors.] The last submission made
                          by the learned counsel for the petitioner is that
                          once the appellate order dated 24.1.2001 does not
                          deal with any of the issues raised while filing the
                          memo of appeal on 7.1.2001, the appellate order
                          dated 24.1.2001 is perverse and fit to be set aside.
                          4. The respondents have not controverted the
                          aforesaid pleadings and submissions made by the
                          learned counsel for the petitioner, hence the
                          grounds raised by the learned counsel for the
                          petitioner for assailing the order of punishment
                          dated 5.12.2000 and the appellate order dated
                          24.1.2001 are held to be cogent and legal, thus for
                          the reasons discussed herein above in the preceding
                          paragraphs, as argued by the learned counsel for
                          the petitioner, the order of punishment dated
                          5.12.2000 and the appellate order dated 24.1.2001
                          are held to illegal and perverse and are accordingly
                          quashed.”

                      8. Learned counsel for the appellants submits that the

         learned Single Judge erred in holding that the punishment order

         was passed by an authority junior to the appointing authority. It
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         is submitted that the General Manager (Marketing) had been

         duly delegated disciplinary powers vide Part-III Order No. 281

         dated 10.04.1991, prior to initiation of the proceeding, and

         therefore the dismissal order was passed by a competent

         authority. It is further submitted that adequate opportunity was

         granted to the writ petitioner, notices were issued and the

         petitioner was aware of the proceedings but chose not to

         participate.

                      9. Per contra, learned counsel appearing on behalf of

         the respondent/writ petitioner submits that the learned Single

         Judge rightly held that the order of dismissal dated to be

         unsustainable in law, as the same was passed by an authority not

         competent to impose the major penalty of dismissal. It is further

         submitted that no material establishing lawful delegation was

         produced before the Writ Court. It is further submitted that the

         dismissal order is ex facie non-speaking and does not disclose

         any independent application of mind, and that the principles of

         natural justice were violated.

                      10. The limited issue that arises for consideration

         before this Court is whether the learned Single Judge was

         justified in quashing the dismissal order dated 05.12.2000 on the

         ground that it was passed by the General Manager (Marketing),
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         who was not the appointing authority of the writ petitioner, in

         absence of any material placed before the Writ Court to

         establish lawful delegation of disciplinary powers and whether

         such finding warrants interference in exercise of intra court

         appellate jurisdiction.

                      11. We have heard learned counsel for the parties and

         have carefully perused the materials available on record, as well

         the impugned order. Upon such consideration, it transpires that

         the foundational fact of the case is not in dispute that the writ

         petitioner was appointed and promoted by the Chief General

         Manager (Marketing), who was the appointing authority.

         However, the order of dismissal dated 05.12.2000 was passed by

         the General Manager (Marketing).

                      12. The learned Single Judge held that a major penalty

         of dismissal cannot be imposed by an authority subordinate to

         the appointing authority and relied upon the           decision of

         Hon’ble Supreme Court in Moti Ram Deka vs. G.M., North

         East Frontier Railway & Ors., AIR 1964 SC 600.

                      13. It is evident that no document evidencing

         delegation of disciplinary power in favour of the General

         Manager (Marketing) was placed on record before the learned

         Single Judge. The burden to establish competence of the
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         disciplinary authority lay squarely upon the employer, which

         was not discharged.

                      14. The dismissal order dated 05.12.2000, on its face,

         does not disclose reasons nor indicate independent application

         of mind to the reply submitted by the petitioner pursuant to the

         second show cause notice. The learned Single Judge also

         recorded that the respondents/appellants had not controverted

         the pleadings and submissions advanced on behalf of the writ

         petitioner. In such circumstances, the finding that the order was

         non-speaking and unsustainable cannot be said to be perverse.

                      15. Similarly, the appellate order dated 24.01.2001

         was found to be non-speaking and not dealing with the grounds

         raised in the memorandum of appeal. The learned Single Judge,

         therefore, held both the punishment order and the appellate

         order to be illegal and perverse.

                      16. It is also noteworthy that even subsequently, in the

         review proceedings, no resolution or delegation order was

         brought on record to substantiate the plea that the General

         Manager (Marketing) was duly authorized. This fortifies the

         conclusion that the learned Single Judge decided the writ

         petition on the basis of the materials then available on record

         and     in    accordance        with      settled   principles   of   service
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         jurisprudence.

                      17. We are also of the considered view that the

         competence of the authority imposing the penalty goes to the

         very root of the matter. When an order of dismissal is passed by

         an authority whose jurisdiction is under serious doubt, and when

         no contemporaneous material was produced before the Writ

         Court to substantiate lawful delegation, the learned Single Judge

         was justified in exercising judicial review. The argument of

         delegation, unsupported by record at the relevant stage, cannot

         be permitted to cure a foundational defect in jurisdiction.

                      18. This Court, in exercise of intra-court appellate

         jurisdiction, does not sit as a court of re-hearing on facts to

         substitute its own view merely because another interpretation

         may be possible. The scope of interference is limited to

         examining whether the judgment under appeal suffers from

         patent illegality or perversity. At this juncture, it is pertinent to

         take note of the decision rendered by the Hon’ble Supreme

         Court while deciding the case of Narendra & Co. (P) Ltd. v.

         Workmen, reported in (2016) 3 SCC 340, wherein following

         observation was made:

                          “5. .. Be that as it may, in an intra-court appeal, on
                          a finding of fact, unless the Appellate Bench
                          reaches a conclusion that the finding of the Single
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                                       Bench is perverse, it shall not disturb the same.
                                       Merely because another view or a better view is
                                       possible, there should be no interference with or
                                       disturbance of the order [Narendra & Co. (P) Ltd.
                                       v. Workmen, WP No. 41489 of 2002, decided on 14-
                                       3-2008 (KAR)] passed by the Single Judge, unless
                                       both sides agree for a fairer approach on relief.”


                                   19. Upon independent scrutiny of the record, we find

                      that the learned Single Judge applied the correct legal principles

                      to the facts as presented before him. The reasoning does not

                      disclose any error apparent on the face of the record.

                                   20. The present intra court appeal, therefore, stands

                      dismissed being devoid of any merit.

                                   21. Pending application(s), if any, shall also stand

                      disposed of.




                                                    (Sudhir Singh, J)


                                               (Rajesh Kumar Verma, J)
Sujit/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.03.2026
Transmission Date       NA


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