Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art.226 – Writ Jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art.226 – Writ Jurisdiction of High Court – Interference with the decision of disciplinary authority, scope of – Respondent-original writ petitioner was appointed as casual employee in 1982 – He applied for the post of Refueling Helper and in qualification he mentioned Secondary School – Chief Vigilance Officer received a complaint that respondent had secured his job by submitting false and forged certificates – Similar complaint was also made to the police authorities – Despite repetitive requests and follow up by the authorities, the respondent did not submit the original SSLC Certificate – The authorities of Secondary Board were requested to check up their records – Board informed that as per record, SSLC mark sheet did not belong to the respondent – Departmental Enquiry was initiated against the respondent – After taking into consideration the gravity of the acts of misconduct, Disciplinary authority imposed the punishment of dismissal from services – Respondent was also prosecuted by the Criminal Court, however, he was acquitted by giving benefit of doubt – Against the order of the Disciplinary Authority, the respondent filed writ petition before High Court – High Court held that punishment imposed on the respondent was grossly disproportionate to the misconduct and directed to reinstate the respondent – Hence instant appeal – Held: Producing the false/fake certificate is a grave misconduct – The question is one of trust – Whether such a certificate was material or not and/or had any bearing on the employment or not is immaterial – The question is not of having an intention or mens rea but is of producing the fake/forged certificate – Respondent’s case was that he pleaded guilty and admitted the submission of forged and fake certificate on the assurance that lesser punishment would be imposed, however, nothing on record to show who gave such assurance – The conduct on part of respondent showed his malafide intention – He was acquitted by the Criminal Court by giving benefit of doubt and there was no honourable acquittal – Once there was an admission on the part of the respondent thereafter whether he has been acquitted by the Criminal Court is immaterial – Unless and until it is found that punishment imposed by the Disciplinary Authority was shockingly disproportionate and/or there was procedural irregularity in conducting the inquiry, High Court would not be justified in interfering with the order of punishment imposed – When a conscious decision was taken by the Disciplinary Authority the same could not have been interfered with by the High Court under Art.226 – High Court exceeded its jurisdiction in interfering with the order of punishment imposed by the Disciplinary Authority – Service law. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 459 |
Petitioner | M/s Indian Oil Corporation Ltd. |
Respondent | Shri Rajendra D. Harmalkar |
SCR | [2022] 5 S.C.R. 678 |
Judgement Date | 2022-04-21 |
Case Number | 2911 |
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