Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Misconduct - Dereliction of duty -Allegation of - Departmental Inquiry - Dismissal of appellant- She filed writ petition - Petition allowed by Single Judge of High Court - Review Committee constituted to revif!W thecase of appellant in terms of the directions given by the SingleJudge - Review Committee virtually exonerated the appellantfrom the charges leveled against her except a mild adversecomment - On that basis, as per the direction of the Single Judgment Government was required to pass fresh order of. punishment - However, the State Government filed LPA -Order of the Single Judge set aside by the Division Bench -On appeal, held: The Review Committee had categoricallystated that only "sign in respect of lack of duty appears" and the enquiry officer had not undertaken deep perusal andanalysis of evidentiary documents while conducting theenquiry - On the basis of this element of charge only havingbeen proved, even as· per the departmental authorities, thepunishment of dismissal was totally unwarranted - It was nota case of lack of devotion to duty or any financial irregularitieson the part of the appellant - More importantly, the ReviewCommittee, in clear terms, accepted the plea of the appellantthat she had put up the proposal in a routine manner and thatthe main responsibility was that of another person· - On the Greport of the Review Committee, appropriate penalty order wasto be passed by the State Government which it failed to doafter the receipt of the said report - Direction given torespondent-Government to pass penalty order on the basis of Review Committee report and also the observations of theSingle Judge that it was the first case in her entire servicecareer where the appellant faced departmental proceedings- Since the punishment to be awarded would not bedismissal, removal or compulsory retirement, but lesserB punishment, appellant directed to be reinstated in serviceforthwith - Bihar Government Servants (Classification, Controland Appeal) Rules, 2005 - r.24.Letters Patent - Letters ·Patent Appeal - Maintainability- Appellant dismissed from service on charges of misconduct- She filed writ petition - Review Committee constituted toreview the case of appellant in terms of the directions givenby Single Judge of High Court - Review Committee virtuallyexonerated the appellant from the charges levelled against herexcept a mild adverse comment - On that basis, as per thedirection of the Single Judge, the Government was requiredto pass fresh order of punishment - However, the StateGovernment filed LPA - Plea raised by appellant regardingmaintainability of the LPA - Held: If the State Government wasnot satisfied with the course of action adopted by the writ court(Single Judge), proper course was to challenge the order byfiling appeal there against - However, it chose to implementthe direction passed by the Single Judge and ReviewCommittee, as contemplated under Rule 24 (2) of the CCARules, was constituted - But finding that report of the ReviewCommittee was not palatable to the Government, it decidedto challenge the order of the Single Judge - It was too late inthe day to do so, after deciding not only to accept thejudgment of the Single Judge but even implementing thedirection contained therein by constituting the ReviewCommittee and allowing the Review Committee to accomplishits task- In this backdrop, LPA filed by the State Governmentshould not have been entertained - Bihar GovernmentServants (Classification, Control and Appeal) Rules, 2005 -r.24. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 713 |
Petitioner | Shobha Sinha |
Respondent | The State Of Bihar & Ors. |
SCR | [2013] 11 S.C.R. 427 |
Judgement Date | 2013-10-23 |
Case Number | 9366 |
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