Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law- Disciplinary inquiry- Whether required - In case of discharge under r. 13(11/)(v) of Army Rules 1953 rl w. Army HQ letter NO. A/150101150/AGIPS-2(c) dated 28th December 1988 - On the ground that he had been awarded four 'red ink entries' 1988- Discharge of delinquent without following the procedure for discharge laid down under the letter dated 28th December |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law- Disciplinary inquiry- Whether required -In case of discharge under r. 13(11/)(v) of Army Rules, 1953 r/w. Army HQ letter NO. A/150101150/AGIPS-2(c) dated 28thDecember, 1988- Discharge of delinquent without followingthe procedure for discharge laid down under the letter dated28th December, 1988 - On the ground that he had beenawarded four 'red ink entries' - Held: R. 13 does not in specificterms envisage an inquiry - However, the letter dated 28thDecember, 1988 prescribes for an impartial inquiry-As perthe procedure laid in letter dated 28th December, 1988 it isnot mandatory to discharge on the ground of four 'red inkentries' - Thus discharge on this ground has no statutorysanction - Its genesis lies in administrative instructions -Therefore, administrative instructions would regulate theexercise of power to discharge - The letter dated 28thDecember, 1988 provides safeguards against an unfair andimproper use of power which if left unregulated or uncanalisedwould offend Art. 14 of the Constitution - The administrativeinstructions neither breached nor encroached into the territorycovered by the statute - In the present case, the dischargeorder was passed without taking into consideration the factorsmade relevant under Note to Para 5(f) of the letter - It wasnecessary by the competent authority to hold an inquiry forfinding out the defence of the delinquent besidesconsideration of the factors provided under Note to Para 5(f)- The order of discharge is set aside - Since the delinquenthas superannuated, he would be treated to have been inservice, till he would have completed the qualifying servicefor grant of pension - No back wage$ are granted -Army HQLetter NO. A/15010!150/AG!PS-2(c) dated 28 th December,1988.Administrative Law-Administrative Instructions- Scopeof - Held: Administrative instructions cannot make inroadsinto statutory rights of an individual - But if an administrativeauthority prescribes a certain procedural safeguard againstarbitrary exercise of powers, such safeguards or proceduralequity and fairness will not fall foul of the rule or called ultravires the statute. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2015 INSC 797 |
Petitioner | Veerendra Kumar Dubey |
Respondent | Chief Of Army Staff & Ors. |
SCR | [2015] 10 S.C.R. 1013 |
Judgement Date | 2015-10-16 |
Case Number | 32135 |
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