Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law- Disciplinary Proceedings-Delay of five and a half years in serving memo of charges-Very grave charges-Enquiry proceeded to a large extent-Whether delay warranted quashing of charges-Held, No-Enquiry which had proceeded to a large extent allowed to be completed-Direction made to consider respondent for promotion pending enquiry.The respondent was Superintendent of a High Security Jail in the year 1986. He was transferred from the said post on 26-12- 86. On the night intervening 1st/2nd January, 1987, certain inmates, said to be terrorists, made an attempt to escape. In that connection, two of the inmates attempting to escape and one jail official died in the shooting. Six terrorists made good their escape. The Inspector General of Prisons immediately inspected the prison and reported that the said incident was the cumulative result of lax administration, indiscipline and lack of control over the prisoners. He reported further that the respondent followed the policy of appeasement towards the extremists. He recommended that the respondent, who was responsible for the loose administration and laxity in the control of the inmates should be placed under suspension. The District Magistrate also ordered the Sub-divisional Magistrate to enquire into the said incident who submitted his report on 26.1.1987. In that report, there were no observations or comments either for or against the respondent.No action was taken against the respondent until 1992. The memo of charges was issued against him on 9.7.1992. An enquiry officer was appointed on 20.7.1993. The respondent filed a writ petition seeking the quashing of the charges and the orders appointing the enquiry officer. Though the petition was admitted, the enquiry was not stayed. The enquiry commenced in September, 1993 and proceeded apace.The High Court while allowing the writ petition quashed the memo of charges on the ground of the delay of five and a half years in serving the memo of charges. It was also held that the Sub divisional Magistrate had exonerated the respondent or any responsibility for or culpability in the said incident in his report. The court stated that the delayed action of the government in proceeding against the respondent only when the respondent's case was to come up for promotion, was vitiated by malafides. It was further held that the respondent being not the Superintendent of the jail at the time the incident took place and other officials reported to be responsible alongwith the respondent having been exonerated, the enquiry could not proceed only against the respondent. The correctness of the said order of the High Court was questioned in this appeal. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1995 INSC 86 |
Petitioner | State Of Punjab And Ors. |
Respondent | Chaman Lal Goyal |
SCR | [1995] 1 S.C.R. 695 |
Judgement Date | 1995-03-31 |
Case Number | 1101 |
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