Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950: Articles 19(1)(a) 19(1)(c) & 19(1)(g) Service Law : Service Rules of the Karnataka State Small Industries Development Corporation: Rule 22 Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law :Service Rules of the Karnataka State Small Industries Development Corportation-Rule 22-Assistants Manager-Letter to Governor levelling allegations against the Corporation-Press statement issued attributing motives to the Chairman-Proceeded on unauthorised leave-Show cause notice issued-Charges framed-Ex-parte enquiry--Dismissal from service-On appeal, Held, employee who disobeys the rules or displays negligence, inefficiency or does any-thing detrimental to the interest or prestige of the Corporation is guilty of misconduct-Employer entitled to take disciplinary action under Rule 22-Constitution of India, 1950 : Articles 19(1)(a) : 19(1)(c) & 19(1)(g). Constitution of India, 1950--Articles 19(1){a), 19(1)(c) & 19(1)(g)- Service Rules of the Karnataka State Small Industries Development Corporation-Rule 22-Held : Rule is not violative of Constitution. The appellant was working as Asstt. Manager of the Respondent Corporation and was also the President of its Employees' Welfare Association. He wrote a letter to the Governor levelling allegation of mismanagement in F the Corporation. A press statement was also issued by him attributing motives to the Chairman and welcoming his dismissal from the President-ship of the District Congress Committee. When an explanation was called for from the appellant, he went on unauthorised leave. A notice was published in the newspaper calling upon the appellant to report back to duty. Then a show cause notice was issued for taking action under Rule 22 of the Service Rules of the Corporation. Thereafter charges were framed against the appellant and were served upon him. The appellant filed a civil suit for injunction hut no injunction was granted. The appellant refused to participate in the enquiry, the ex-parte enquiry held him guilty of the charges levelled against him, and he was dismissed from service. The appellant unsuccessfully challenged the said dismissal order before the Single Judge and in appeal before the Division Bench of the High Court. Hence the present appeal.The contention of the appellant was that by writing the letter to the Governor and releasing the press statement he had exercised his fundamental right to freedom of speech and expression under Article 19(1)(a) as also he had exercised his right to form associations or Unions under ,Article 19(1)(c) of the Constitution and therefore he could not be dismissed from service.. |
Judge | Hon'ble Ms. Justice Sujata V Manohar |
Neutral Citation | 1998 INSC 97 |
Petitioner | M.h. Devendrappa |
Respondent | The Karnataka State Small Industries Development Corporation |
SCR | [1998] 1 S.C.R. 919 |
Judgement Date | 1998-02-17 |
Case Number | 3867 |
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