Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Departmental enquiry 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 – Departmental enquiry – First respondent- Superintendent of Police allegedly violated administrative orders of the Inspector General of Police for disbanding “Gunda Squad” constituted, operated and supervised by the first respondent, and a person interrogated by the Squad died in custody – Magisterial enquiry was conducted and the report submitted contained observations against the first respondent – Departmental enquiry subsequently convened against the first respondent and charge sheet was issued – Tribunal quashed the charge-sheet on grounds that there was a delay of nearly two years in concluding the disciplinary enquiry; and that the charges were ambiguous – Affirmation of the order, by High Court – Held: Not justified – Charges against the first respondent were neither vague nor ambiguous – The charge-sheet, together with the statement of imputations, contains detailed elaboration of the allegations against the first respondent – Tribunal quashed the charge-sheet purportedly on the basis that prejudice had been caused to the first respondent by denial of opportunity for deputation or for promotion as a result of the pendency of the proceedings – This line of reasoning which weighed with the Tribunal is plainly erroneous – Every delay in conducting a disciplinary enquiry does not, ipso facto, lead to the enquiry being vitiated – Whether prejudice is caused to the officer who is being enquired into is a matter which has to be decided on the basis of the circumstances of each case – Prejudice must be demonstrated to have been caused and cannot be a matter of surmise – Chargesheet was issued to the first respondent while he was in service, and hence the disciplinary enquiry can proceed to its logical conclusion – Disciplinary enquiry directed to be concluded expeditiously. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 450 |
Petitioner | State Of Madhya Pradesh & Anr |
Respondent | Akhilesh Jha & Anr |
SCR | [2021] 6 S.C.R. 146 |
Judgement Date | 2021-09-06 |
Case Number | 5153 |
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