Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law : |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law : Reinstatement with consequential benefits - Order, validity of - Held: Order for reinstatement could be passed when employee is dismissed or removed from service after initiation of disciplinary proceedings and said dismissal or removal is found to be illegal - On facts employee himself sought voluntary retirement and had actually been relieved - Thereafter, was no longer in service and had not done any work - Also no delay in accepting his request for voluntary retirement - Disciplinary proceedings concluded against employee with imposing small punishment - Thus, case for reinstatement with consequential benefits not made out - Central Reserve Police Force Rules, 1955 - Rule 43(d)(i). Penalty - Imposition of, in pursuance of disciplinary proceedings - Interference with - Held: ls limited-Court can interfere only when the penalty imposed is shockingly disproportionate to the charges proved - In such case court is to remit the matter to Disciplinary Authority for reconsideration - On facts, charges proved against employee and penalty of 10% deduction from pension for one year imposed - Penalty imposed being small, no interference called for-Judicial Review. Respondent, employed with CRPF filed application seeking voluntary retirement with effect from 1.7.1993. Application was rejected. He then made representations for voluntary retirement which was accepted on 23.2.1994 subject to the condition that the proceedings for imposing major penalty initiated against him would continue. Respondent was relieved from services on 2.3.1994. However, his retiral benefits were not released and was informed by order dated 12.5.1995 that it would be released on completion of departmental inquiry. Inquiry was conducted and charges were proved, except for one. Union Public Service Commission imposed penalty of 10% deduction from his basic pension for one year. Competant Authority upheld the same. Aggreived respondent filed writ petition for quashing the order dated 12.5.1995, for release of retiral benefit and for directions to treat the respondent as deemed to have voluntarily retired with effect from 1.7.1993. Thereafter, respondent filed amendment application seeking quashing of the order retiring him and to reinstate him in service with all consequential benefits. Another writ petition was filed for quashing the order imposing the penalty. The Single Judge of High Court allowed the writ petitions. The order imposing penalty of 10% deduction in pension for one year was set aside and respondent was directed to be reinstated with all consequential benefits. The Division Bench upheld the order of Single Judge. Hence the present appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 865 |
Petitioner | Union Of India And Anr |
Respondent | S.s. Ahluwalia |
SCR | [2007] 9 S.C.R. 377 |
Judgement Date | 2007-08-24 |
Case Number | 4247 |
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