NDLI: Hari Niwas Gupta Vs. State of Bihar and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Judicial Service Constitution of India – Clause (b) of the second proviso to Art.311(2) Constitution of India – Arts.233-236
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India – Clause (b) of the second proviso to Art.311(2) – News item published in local daily that the Nepal Police apprehended three judicial officers-appellants belonging to the State of Bihar, allegedly being found in compromising position with three Nepali women in a guest house at Biratnagar, Nepal – Full Court resolution passed for their dismissal, dispensing with the disciplinary proceedings by invoking clause (b) of the second proviso to Art.311(2) – While setting aside the order of dismissal for failure to record reasons for dispensing with the enquiry, the Division Bench gave liberty to the High Court to invoke power under the aforesaid provision at an appropriate stage with the requirement to record reasons – Challenge to the liberty granted – Held: Art.311 deals with dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State – As per the dicta in Tulsiram Patel and Jaswant Singh case, the law in terms of clause (b) of the second proviso to Art.311(2) mandates that the reasons for dispensing with the inquiry must be recorded in writing before the order of dismissal – Expression ‘at appropriate stage’ used by the Division Bench is not a direction for initiation of a regular departmental inquiry nor does it prohibit recourse to clause (b) to the second proviso of Art.311(2) in accordance with law – Division Bench justified in not barring the High Court from fresh application of mind – In terms of the judgment of the Division Bench, respondents to proceed in accordance with law – No opinion expressed on the merits of the allegations made against the appellants – Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 – rr.14, 20 – Service Law.Constitution of India – Arts.233-236; Clause (b) of the second proviso to Art.311(2) – ‘Control’ of the High Court in matters relating to the subordinate judiciary – Dismissal of the appellants-judicial officers by Full Court resolution, dispensing with the disciplinary proceedings by invoking clause (b) of the second proviso to Art.311(2) – Plea of the appellants relying on Nripendra Nath Bagchi that this power exclusively vests with the Governor alone – Held: Said contention misreads the ratio in Nripendra Nath Bagchi, which rather holds to the contrary – Observations in the judgment do not hold that the Governor, and not the High Court, is vested with the jurisdiction and is the competent authority to decide whether the inquiry should be dispensed with upon recording of satisfaction in terms of clause (b) of the second proviso to Art.311(2) – It refers to Art.235 and states that the control vests with the High Court, albeit order of appointment, dismissal or removal is passed and made in the name of the Governor who passes the formal order be it a case of appointment, dismissal or removal.Service Law – Judicial service – Full Court resolution passed for dismissal of appellants-judicial officers– Dismissed from service by order dtd. 12.02.14, dispensing with the disciplinary proceedings by invoking clause (b) of the second proviso to Art.311(2) – One of the officer had attained superannuation during the pendency of writ petitions challenging the dismissal, while the other two officers retired during the pendency of the present appeals – Contention that the order of dismissal u/clause (b) of the second proviso to Art.311(2) cannot be passed against the retired officer and thus, at best the pensionary and retirement benefits can be forfeited and denied – Held: Full Court has again recommended dismissal of the appellants dispensing with the departmental inquiry in the exercise of power u/clause (b) of the second proviso to Art.311(2) by recommendation dated. 13.08.2015 – However, matter is pending with the State Government – No final order passed in view of the stay order dated.11.09.2015 passed by Supreme Court – A challenge cannot be made in anticipation– This challenge was also not the subject matter of the writ petitions and would constitute an entirely new cause of action – Appellants have thus, reserved their right to challenge the order if, and as and when passed – Open to the respondents to examine this contention – Stay order vacated – Constitution of India – Art.311(2)
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2019 INSC 1227
Petitioner	Hari Niwas Gupta
Respondent	State Of Bihar And Another
SCR	[2019] 15 S.C.R. 443
Judgement Date	2019-11-08
Case Number	3105

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