Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Constitution of India, Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Appellant, a paramilitary officer posted at localunit of Bharat Petroleum Corporation Ltd (BPCL) was entrustedwith conducting surprise searches of personnel and taking strictaction against corruption –Dismissed by disciplinary authority oncharges of corruption – FIR registered with CBI – Appellate authoritydismissed appellant’s appeal against dismissal order – Writ petitionfiled by appellant – Dismissed – On appeal, held : Present case isneither one where there is no evidence, nor is it one where thisCourt can arrive at a different conclusion than the disciplinaryauthority – Appellant received a fair trial – Plea that he should beexonerated in the disciplinary proceedings as no criminalchargesheet was filed by CBI after enquiry, rejected – Employeralways retains the right to conduct an independent disciplinaryproceeding, irrespective of the outcome of criminal proceeding –Disciplinary Authority has wide discretion in imposing punishmentfor a proved delinquency subject to principles of proportionalityand fair play – Punishment of dismissal from service is far fromdisproportionate to the charges of corruption, fabrication andintimidation unanimously proved against the appellant – ArmedForces – Principles of Natural Justice –Doctrine of Proportionality– Penal Code, 1860 – Prevention of Corruption Act, 1988 – CISFRules, 1969 – r.34; r.29(a) r/w r. 31(a)- Schedule II – Constitutionof India – Art.14.Constitution of India – Arts. 32, 136 and 226 – Scope ofjudicial review – Service matters – Held: Constitutional Courts whileexercising their powers of judicial review would not assume therole of an appellate authority – Their jurisdiction is circumscribedby limits of correcting errors of law, procedural errors leading tomanifest injustice or violation of principles of natural justice –Service Law – Principles of Natural Justice.Service Law – Principles of Natural Justice – “nemo judex insua causa” – When not violated – Discussed – Evidence Act, 1872 –s.165.Service Law – Disciplinary proceedings vis-à-vis criminalproceedings – Distinction between standards of proof – Discussed. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 542 |
Petitioner | Pravin Kumar |
Respondent | Union Of India And Ors. |
SCR | [2020] 7 S.C.R. 1078 |
Judgement Date | 2020-09-10 |
Case Number | 6270 |
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