Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | All India Services (Conduct) Rules 1968 Service Law Enquiry Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | All India Services (Conduct) Rules, 1968 — rr. 3, 7, 8 and 17 - Disciplinary action - Charge sheet against appellant - IAS officer for violation of the Conduct Rules - Challenged to, by appellant — Application dismissed by the tribunal, however, writ petition before the High Court withdrawn by the appellant — Subsequently, appellant though exonerated of the charges by the Enquiry Officer, the Government rejected the report submitted by the Enquiry Officer since there were allegations against the appellant for criticising the Government on black money issue in the writ petition filed through the appellant before the Supreme Court — Order passed for constitution of two member Inquiry Board to again enquire into the charges framed — Writ petition by the appellant challenging the order — Dismissed by the High Court ~ On appeal, held: The fact that the report submitted by the Enquiring Authority is not acceptable to the disciplinary authority, is not a ground for completely setting aside the enquiry report and ordering a second Enquiry — Court is at a loss to comprehend how the filing of the writ petition containing allegations that the Government of India is lax in discharging its constitutional obligations of establishing the rule of law can be said to amount to either failure to maintain absolute integrity and devotion to duty or of indulging in conduct unbecoming of a member of the service — Order rejecting the enquiry report, is wholly untenable — impugned proceedings is a strategy to intimidate not only the appellant but also to send a signal to others who might dare in future to expose any mal-administration — Right to judicial remedies for the redressal of either personal or public grievances is a constitutional right of the subjects (both citizens and non- citizens) of this country — Employees of the State cannot become members of a different and inferior class to whom such right is not available - Respondents liable jointly and severally to pay Rupees Five Lakhs as costs — All India Services (Discipline and Conduct) Rules, 1969 — rr. 8(15), (16), (20) and (24) — Costs. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2014 INSC 663 |
Petitioner | Vijay Shankar Pandey |
Respondent | Union Of India & Anr. |
SCR | [2014] 13 S.C.R. 1238 |
Judgement Date | 2014-09-22 |
Case Number | 9043 |
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