Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958 : Rule 33. Service Law : Rajasthan Civil Service (CCA) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law :Rajasthan Civil Service (CCA) Rules, 1958 ; Rule 33. Departmental enquiry-Enquiry Report-Delinquent employee exonerated-However, Disciplinary Authority gave reasons disagreeing with the Enquiry Report and awarded punishment-Employee not given opportunity of hearing by the Disciplinary Authority-Validity of-Held : The only requirement is to record reasons for disagreement--There is no requirement of affording further opportunity of hearing of the delinquent employee-The court cannot interfere unless the findings of the Disciplinary Authority are not reasonable-Hence, punishment awarded is valid. Punishment-Lapse of-From date of punishment or date of deliquency-Departmental Circular-Provided punishment would lapse after seven years from the date of punishment and not from the date of delinquency Validity of-Held : Departmental Circular, valid. The respondent, an Engineer with the appellant-State Government, was charged with using sub-standard materials in construction work. The· Enquiry Officer exonerated the respondent on the ground that the samples, which were sent to the Forensic Science Laboratory (FSL), were not in accordance with the prescribed procedure and therefore, the report of the FSL could not relied upon. The disciplinary authority gave reasons for his disagreement with the findings of the Enquiry Officer and awarded punishment to the respondentThe Departmental Promotion Committee found the respondent fit for · promotion for the year 82-83 and the respondent was accordingly promoted.However, the respondent filed a writ petition before the High Court contending that the punishment lapsed after a period of seven years from the date of deliquency and, therefore, the respondent should have been considered for promotion for the years 1980. The High Court allowed the petition. Hence this appeal. On behalf of the appellant it was contended that in view of the Departmental Circular the period of seven years could only be counted from the date of the order of punishment and the date of delinquency was immaterial.On behalf of the respondent it was contended that since the Disciplinary Authority did not give the respondent an opportunity of hearing before awarding the Punishment it was liable to be set aside. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1998 INSC 112 |
Petitioner | State Of Rajasthan |
Respondent | M.c. Saxena |
SCR | [1998] 1 S.C.R. 1090 |
Judgement Date | 1998-02-24 |
Case Number | 2536 |
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