Disciplinary Orders Must Reflect Real Consideration of Employee’s Defence: Rajasthan High Court

The Rajasthan High Court held that merely stating that an employee’s defence was “considered” in disciplinary or appellate orders does not amount to valid consideration in law.

The Court emphasised that authorities must show real and reasoned application of mind to the defence raised, and such reasoning must be evident from the order itself. 

It observed that recording reasons is essential, especially where penalties affect future promotions and service prospects. Reliance on internal note-sheets was rejected, as prejudicial reasons must form part of the final order. 

The Court set aside the disciplinary and appellate orders for non-application of mind.

[Rajesh Kumar Tiwari v. the Jaipur Vidyut Vitran Nigam Ltd. & Ors.]