Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disciplinary proceedings-Alleged irregularities in allotment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Service Law:Disciplinary proceedings-Alleged irregularities in allotment, conversion and regularisation of plots-Departmental disciplinary proceedings against delinquent officer kept in abeyance till finalization of CBI inquiry-Finally dropped on consideration of the CBI Inquiry Report-Correctness of-Held, Order of the State Government deciding not to continue the departmental proceedings is incorrect and hence quashed Standard of proof required in departmental proceedings is not the same as required to prove a criminal charge-Even if there is an acquittal in criminal proceedings the same does not bar departmental proceedings.Certain irregularities were allegedly made in allotment, conversion and regularization of plots in New Okhla Industrial Development Authority (NOIDA). One man Inquiry Commission was constituted. Based on its report, Departmental inquiry proceedings was initiated against Respondent No.7, who at the relevant time was posted as the Chief Executive Officer, NOIDA. Since the matter was also being inquired into by the CBI, the State Government decided to keep the departmental disciplinary proceedings in abeyance till the CBI inquiry was over. The CBI submitted its report on consideration whereof, the State Government decided to drop the pending departmental proceedings against Respondent No.7. The said order of the State Government has been challenged before this Court. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 39 |
Petitioner | Noida Entrepreneurs Assn. |
Respondent | Noidaand Ors. |
SCR | [2007] 1 S.C.R. 892 |
Judgement Date | 2007-01-15 |
Case Number | 529 |
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