Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1987: r. 161 Railway Protection Force Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Railway Protection Force Rules, 1987: r. 161 – Special Procedure in certain cases – Mandate of the Rule to record reasons – On facts, allegation that the head constable had conspired with the main accused for commission of theft of Non-Judicial Stamp Papers nearly worth of Rs.1 Crore – Disciplinary enquiry dispensed with – Dismissal order was passed without indicating any reasons for dispensing with the inquiry except stating the allegation against the Constable – High Court set aside the dismissal order – On appeal, held: To pass an order as disciplinary measure, by adopting special procedure in certain cases, r. 161 itself mandates recording of reasons – Dismissal of a regular member of Force, is a drastic measure – r. 161 which prescribes dispensing with an inquiry and to pass order against a member of Force, cannot be invoked in a routine and mechanical manner, unless there are compelling and valid reasons – By merely repeating the language of the Rule in the order of dismissal, will not make the order valid one, unless valid and sufficient reasons are recorded to dispense with the inquiry – When the Rule mandates recording of reasons, the very order should disclose the reasons for dispensing with the inquiry – Words ‘not reasonably practicable’ as used in the Rule, are to be understood in a manner that in a given situation, ordinary and prudent man should come to conclusion that in such circumstances, it is not practicable – In the instant case, there appears no valid reason to dispense with inquiry and to invoke r. 161 – As regards grant of back wages, grant of 50% of back-wages is just and fair in the facts and circumstances of the case – Thus, the order passed by the High Court upheld. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 2021 INSC 793 |
Petitioner | Union Of India & Ors. |
Respondent | Ram Bahadur Yadav |
SCR | [2021] 11 S.C.R. 275 |
Judgement Date | 2021-11-26 |
Case Number | 9334 |
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