Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dismissal from service-Assistant Agricultural inspector |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law:Dismissal from service-Assistant Agricultural Inspector-Disciplinaryproceedings against for irregularities and misconduct-Accepting inquiryreport, disciplinary authority dismissed the delinquent from service-Orderchallenged before Service Tribunal on the ground that disciplinary proceedingswere initiated by an officer lower in rank than that of the disciplinary authoritytherefore, the disciplinary proceedings initiated and i_ts further culmination inorder of dismissal were all vitiated-Claim allowed by Tribunal and affirmedby High Court-Held. looking to the terms and contents of Article 31 I of theConstitution, it does not follow that even initiation or conduct of inquiryproceedings should be by that authority itself which is empowered to dismissor remove an official under the said Article, unless there is an express rulegoverning the official requiring it to be so-On facts, at the time of appointment,disciplinary proceedings and order of dismissal, the authority initiating thedisciplinary proceedings was itself disciplinary authority-Judgement of HighCourt set aside-Order of dismissal restored-Disciplinary Proceedings-Authority competent to initiate-Constitution of India-Article 31 l(d). |
Judge | N/A |
Neutral Citation | 2003 INSC 170 |
Petitioner | State Of U.p. And Anr. |
Respondent | Chandrapal Singh And Anr. |
SCR | [2003] 2 S.C.R. 1062 |
Judgement Date | 2003-03-12 |
Case Number | 1295 |
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