Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Disciplinary Enquiry |
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 Allowed |
Headnote | Service Law: Disciplinary Enquiry – Respondent working as a village accountant was charged for demanding bribery – Criminal complaint registered against him under the Prevention of Corruption Act 1988 – Special Judge granted benefit of doubt to him and acquitted him of all charges – However, disciplinary authority held that the misconduct was proved and imposed penalty of compulsory retirement – Tribunal upheld the order of compulsory retirement – High Court, however, u/Art.226 set aside compulsory retirement – On appeal, held: While exercising judicial review, Court does not act as an appellate forum over the findings of the disciplinary authority – Court does not re-appreciate the evidence which forms the basis of finding of misconduct in the course of a disciplinary enquiry – The Court in the exercise of judicial review must restrict its review to determine whether: (i) the rules of natural justice were complied with; (ii) the finding of misconduct was based on some evidence; (iii) the statutory rules were observed; and (iv) the findings of the disciplinary authority suffered from perversity; and (vi) the penalty was disproportionate to the proven misconduct – None of the above tests were applied by High Court – High Court exceeded its jurisdiction under Art.226 and trenched upon a domain which fell within the disciplinary jurisdiction of the employer – Enquiry was conducted in accordance with natural justice – The acquittal of the respondent in the course of the criminal trial did not impinge upon the authority of the disciplinary authority – Judgment of High court set aside – Finding of misconduct and punishment of compulsory retirement restored. Service Law: Principles governing disciplinary enquiry: Distinction between disciplinary enquiry and criminal trial – Purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment – Unlike a criminal prosecution, a charge of misconduct has to be established on a preponderance of probabilities – The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 322 |
Petitioner | The State Of Karnataka & Anr |
Respondent | Umesh |
SCR | [2022] 2 S.C.R. 574 |
Judgement Date | 2022-03-22 |
Case Number | 1763-1764 |
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