NDLI: Union of India & Ors. Vs. Lt. Col. Kuldeep Yadav

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Censure
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Censure – Respondent was commissioned in the Army Corps of Electronics and Mechanical Engineering (EME) in the year 1997 – In 2009, he came in contact with a foreign national and remained in contact with her for over two years from 2009 to 2011 – He also stayed with her at the Army premises/Army guest house and did not disclose her true identity – A staff enquiry was conducted, consequent to which a show cause notice was issued to the respondent – The competent authority found respondent blameworthy of all the lapses and conveyed Severe Displeasure (Recordable) to the respondent – Respondent filed a statutory complaint before the competent authority, which was rejected – Thereafter, respondent filed original application before the Armed Forces Tribunal – Tribunal despite noting that the punishment of censure awarded by the competent authority, cannot be faulted, held that punishment of ‘Severe Displeasure (Recordable)’ was not commensurate with the act and conduct of the applicant – Further, Tribunal remanded the matter to the competent authority to award censure other than ‘Severe Displeasure (Recordable)’ – On appeal, held: The Tribunal is competent and empowered to interfere with the punishment awarded by the appropriate authority in any departmental action, however, exercise of the power is circumscribed and it can be invoked only in exceptional and rare cases – The Tribunal, ordinarily, is not expected to examine the quantum and the nature of punishment awarded by the disciplinary authority as a Court of appeal and substitute its own view and findings by replacing the subjective satisfaction arrived at by the competent authority in the backdrop of the evidence on record – In the instant case, the Tribunal took an erroneous approach despite having noticed that the respondent had admitted all the allegations made against him in the show cause notice – It was not a case of an aberration or a one time indiscretion of the respondent – Respondent continued to remain in contact with foreign national for over two years – Further, he furnished wrong information in the guest list of the guest house – Respondent admitted that he unauthorisedly kept ‘official’ documents in his laptop including the crucial information regarding his rank, name and unit location and the laptop was routinely connected to the internet and made easily accessible to a foreign national – Tribunal committed manifest error in interfering with the award of censure of Severe Displeasure (Recordable) – Therefore, the award of censure of ‘Severe Displeasure (Recordable)’ passed by the competent authority upheld
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 1083
Petitioner	Union Of India & Ors.
Respondent	Lt. Col. Kuldeep Yadav
SCR	[2019] 15 S.C.R. 662
Judgement Date	2019-09-25
Case Number	7603

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Union of India & Ors. Vs. Lt. Col. Kuldeep Yadav

Please Log-in to view this content

Union of India and Ors. Vs. Lt. Col P.s. Bhargava

Lt. Col. K.d. Gupta Vs. Union of India & Ors.

Union of India & Ors. Vs. Lt. Col. Om Dutt Sharma (retd.) Dead Through Lrs & Ors.

State of Punjab & Ors. Vs. Col. Kuldeep Singh

Ex. Lt. Col. R. K. Rai Vs. Union of India & Ors.

Union of India & Ors. Vs. Lt. Col. Sameer Singh

Lt. Col. Vijaynath Jha Vs. Union of India and Ors.

Rani Choudhury Vs. Lt. Col. Suraj Jit Choudhury

Union of India and Anr. Vs. Lt. Col. P.k. Choudhary and Ors.

Union of India & Ors. Vs. Lt. Col. Kuldeep Yadav

Union of India & Ors. Vs. Lt. Col. Kuldeep Yadav

Please Log-in to view this content

Similar Documents

Union of India and Ors. Vs. Lt. Col P.s. Bhargava

Lt. Col. K.d. Gupta Vs. Union of India & Ors.

Union of India & Ors. Vs. Lt. Col. Om Dutt Sharma (retd.) Dead Through Lrs & Ors.

State of Punjab & Ors. Vs. Col. Kuldeep Singh

Ex. Lt. Col. R. K. Rai Vs. Union of India & Ors.

Union of India & Ors. Vs. Lt. Col. Sameer Singh

Lt. Col. Vijaynath Jha Vs. Union of India and Ors.

Rani Choudhury Vs. Lt. Col. Suraj Jit Choudhury

Union of India and Anr. Vs. Lt. Col. P.k. Choudhary and Ors.

Union of India & Ors. Vs. Lt. Col. Kuldeep Yadav