Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Misconduct – Financial irregularity – Disciplinary proceedings – Doctrine of equality – Applicability of – In the instant case, the Enquiry Officer held the delinquent officer (respondent) guilty for misconduct alleged and charges levelled against him of causing monetary loss to the extent of Rs. 22,48,964.42/- and other charges, which were held to be proved – Disciplinary Authority imposed punishment after giving respondent opportunity to meet the findings recorded by Enquiry Officer – Tribunal set aside order of punishment by mainly applying the Doctrine of Equality and observing that as other officers involved in the incident were exonerated and/or no action was taken against them, therefore, no action was warranted against respondent also – Tribunal also observed that even otherwise, enquiry proceedings were in breach of principles of natural justice in as much as relevant documents mentioned in charge sheet were not at all supplied to the respondent – High Court upheld the order of Tribunal – On appeal, held: The Doctrine of Equality ought not to have been applied when the Enquiry Officer and the Disciplinary Authority held the charges proved against the respondent – The role of the each individual officer even with respect to the same misconduct is required to be considered in light of their duties of office – Merely because some other officers involved in the incident were exonerated and/or no action is taken against other officers cannot be a ground to set aside the order of punishment when the charges against respondent were held to be proved in departmental enquiry – There cannot be any claim of negative equality in such case – Further, once it is found that the enquiry was not conducted properly and/or the same was in violation of the principles of natural justice, the Court ought to remand the matter to the Enquiry Officer/Disciplinary Authority to proceed further with the enquiry from the stage of violation of principles of natural justice and not reinstate the employee – Therefore, in the facts of instant case, Tribunal and High Court ought to have remanded the matter to Disciplinary Authority to conduct the enquiry from the stage it stood vitiated – Matter remanded to Disciplinary Authority to conduct fresh enquiry from the stage it stood vitiated i.e. after the issuance of the charge sheet and to proceed further with the enquiry after furnishing all the necessary documents mentioned in the chargesheet and after following due principles of natural justice. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 327 |
Petitioner | The State Of Uttar Pradesh And Ors. |
Respondent | Rajit Singh |
SCR | [2022] 1 S.C.R. 790 |
Judgement Date | 2022-03-22 |
Case Number | 2049-2050 |
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