Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Civil Services Disciplinary proceeding |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Income Tax Act, 1961 (43 of 1961) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Civil Services (Classification, Control and Appeal) Rules, 1965 – r.14(2), (3) – Disciplinary proceeding initiated against the appellant-Asstt. Commissioner of Income Tax with the approval of the Disciplinary Authority-the Finance Minister – However, charge memorandum issued to the appellant was not approved by the Finance Minister – Approved ex-post facto – Appellant was informed through an Office Memorandum – Office Memorandum quashed by CAT, liberty granted to department to issue fresh memorandum of charges u/r.14 – Order set aside by High Court – Held: While construing r.14(2), (3) which is applicable in the present case, a Co-ordinate Bench of Supreme Court in the Union of India and Ors. vs. B.V. Gopinath reported as [2013] 14 SCR 185 held that charge memorandum not having approval of the Disciplinary Authority would be non-est in the eye of the law – Thus, absence of the expression “prior approval” in r.14 would not have any impact so far as the present case is concerned – Further, sub-clauses (2) and (3) of r.14 contemplate independent approval of the Disciplinary Authority at both stages- for initiation of enquiry and also for drawing up or to cause to be drawn up the charge memorandum – In the event the requirement of sub-clause (2) is complied with, not having the approval at the time of issue of charge memorandum u/ sub- clause (3) would render the charge memorandum fundamentally defective, not capable of being validated retrospectively – Judgment of High Court set aside while that of CAT is restored with modification on operational part, as directed – Income Tax Act, 1961 – s.133A – All India Services (Discipline and Appeal) Rules, 1969 – Service Law. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2021 INSC 920 |
Petitioner | Sunny Abraham |
Respondent | Union Of India & Anr. |
SCR | [2021] 9 S.C.R. 892 |
Judgement Date | 2021-12-17 |
Case Number | 7764 |
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