Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Departmental proceedings – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Departmental proceedings – Respondent, employed as a clerk with the appellant(s), was suspended by the appellant on the complaint of demanding bribe to clear retirement formalities and also served with a notice of departmental enquiry – Respondent moved a writ petition – Single Judge of High Court allowed the appellant to continue with the proceedings but ordered the appellant to not to pass final order without the leave of the Court – At the end of the enquiry, the appellant(s) filed an application seeking leave to pass the final orders which was allowed – Appeal before Division Bench of High Court – In the meantime, respondent was dismissed from service – Division Bench of High Court directed that the final order of dismissal of the respondent be stayed till the disposal of the criminal case and also the order of the dismissal against the respondent will become operative on the criminal proceeding culminating in an order of conviction – Held: Principle involved is that when parallel proceedings are held on the basis of identical charges and the same evidence, the employee should not be allowed to disclose his defence – However, Single Judge permitted the proceeding to go on and respondent participated in it – Division bench of High Court was not justified in passing the impugned order as the order of dismissal was already passed by the disciplinary authority and appellant was forced to retain the respondent as a result of which dismissal order was to remain in suspended animation to attain finality only if the criminal case ends in the conviction of the respondent – Reference made to Or. 41 r.33 CPC may not have been justified in the facts of this case – Judgment of the Division Bench set aside – It will be without prejudice to the rights of the respondent to challenge the disciplinary proceeding in any competent forum. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 405 |
Petitioner | Eastern Coalfields Limited & Ors. |
Respondent | Rabindra Kumar Bharti |
SCR | [2022] 4 S.C.R. 1084 |
Judgement Date | 2022-04-07 |
Case Number | 2794 |
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