Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960: Section 4 A.P. Civil Services (Disciplinary Proceedings Tribunal) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh Civil Services (disciplinary Proceedings Tribunal) Act, 1960 (2 of 1960) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law : A.P. Civil Services (Disciplinary Proceedings Tribunal) Act, 1960. Section 4 (as it stood prior to amendment by A.P. Act 6 of 1993)- Disciplinary proceedings-Reference to Tribunal-Requirement of-Penalty imposed on employee without referring the case to Tribunal-Validity-Held : It is mandatory to refer disciplinary case to Tribunal-Penalty, imposed without jurisdiction and hence illegal. Interpretation of Statutes : Rules of interpretation-Subsidiary rule-Mandatory or directory-- Amendment-Word "shall" replaced by word "may"-Held: This shows the amended provision is discretionary whereas the unamended provision is mandatory. The appellant State had imposed a penalty of 20% cut in the pension of the respondent for a period of 5 years. By another order the appellant refused to treat the period of suspension of the respondent as period spent on duty. The respondent challenged the aforesaid orders before the State Administrative Tribunal. The Tribunal set aside the aforesaid orders on the ground that Government had no jurisdiction to hold disciplinary proceedings as such proceedings had to be referred to the Tribunal under Section 4 of the A.P. Civil Services (Disciplinary Proceedings Tribunal) Act, 1960. Hence this appeal. In the meanwhile Section 4 of the Act was amended by the A.P. Act 6 of 1993 and the word ''shall" occurring in Section 4 was replaced by the word "may" by inserting Section 4-A in the Principal Act. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1998 INSC 4 |
Petitioner | State Of Andhra Pradesh |
Respondent | Dr. K. Ramchandran |
SCR | [1998] 1 S.C.R. 23 |
Judgement Date | 1998-01-07 |
Case Number | 914 |
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