Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Disciplinary proceedings -Appellant put C on suspension - Disciplinary proceedings continued for more than 9 years - Order of compulsory retirement - Plea of appellant that he did not get fair opportunity to meet the charges and therefore disciplinary proceedings were bad in law having been conducted in violation of principle of natural D justice |
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 proceedings -Appellant put on suspension - Disciplinary proceedings continued for morethan 9 years - Order of compulsory retirement - Plea ofappellant that he did not get fair opportunity to meet thecharges and therefore disciplinary proceedings were bad inlaw having been conducted in violation of principle of natural justice - Held: Evidence showed that appellant was givenfull opportunity to adduce evidence - There was no violationof rules of natural justice - Interference with order ofcompulsory retirement not called for.Administrative law: Judicial review - Compulsoryretirement - Scope of interference with the order ofpunishment inflicted by appointing authority- Held: Courtsare generally slow to interfere with the quantum of punishmentand only in rare and appropriate case substitutes the punishment - In the instant case, appellant was not able toshow any ground to call for interference with the punishment.Delay/laches: Appellant put on suspension -Disciplinary proceedings continued for more than 9 years - Exclusion of this period while calculating appellant's pension-Justification of- Held: Suspension period was unduly long- Delay in completion of departmental proceedings was notwholly attributable to the appellant but it was equallyattributable to the respondents as well - It is the duty of theemployer to ensure that the departmental inquiry initiatedagainst the delinquent employee is concluded within theshortest possible time by taking priority measures - Nojustification from the respondents' side to explain undue delayin completion of the departmental inquiry- In the facts andcircumstances, period of suspension should be taken intoaccount by the respondents for determining the appellant's ·pension - Accordingly, authorities directed to re-determinethe pension. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 931 |
Petitioner | Prem Nath Bali |
Respondent | Registrar, High Court Of Delhi &aljr. |
SCR | [2015] 10 S.C.R. 1145 |
Judgement Date | 2015-12-16 |
Case Number | 958 |
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