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 Dismissed |
Headnote | Service Law: Punishment - Major penalty - Monetary loss to employer due to alleged dereliction in duty by employee - Composite penalty order consequently passed by disciplinary authority directing recovery of monetary loss from employee and stoppage of his three increments with cumulative effect - Held: In context of the Service Regulations, the penalty imposed was a major penalty, envisaging a regular enquiry before punishment - Since no such procedure followed, High Court justified in holding the penalty imposed as illegal and without jurisdiction - M.P. State Agro Industries Development Corporation limited Service (Recruitment and Selection) Regulations, 1976. Punishment-Imposition of by disciplinary authority - Judicial Review - Scope of. Constitution of India, 1950 - Articles 226 and 227-Writ jurisdiction - Exercise of, when alternative remedy available - Scope of - Discussed. Constitution of India, 1950 - Articles 226 - Penalty order appealable in terms of the Service Regulations - Writ petition - Maintainability of - Held: Maintainable, since the penalty order was per se illegal being violative of the principles of natural justice - M.P. State Agro Industries Development Corporation Limited Service (Recruitment and Selection) Regulations, 1976 - Administrative Law - Principles of natural justice.Respondent caused monetary loss to his employer, Appellant-Corporation, by alleged dereliction in duty. The Managing Director of Appellant-corporation, in his capacity as the disciplinary authority, imposed penalty in form of recovery of amount equivalent to the monetary loss from Respondent as also stoppage of his three increments with cumulative effect.Respondent filed writ petition before High Court challenging the order passed by the disciplinary authority. High Court held that the penalty of stoppage of increments with cumulative effect was a major penalty, which could not be imposed without holding a regular departmental enquiry and accordingly set aside the order of the disciplinary authority.In appeals before this Court, it was contended by the Appellant-Corporation that under M.P. State Agro Industries Development Corporation Limited Service (Recruitment and Selection) Regulations of 1976 punishment of stoppage of increments with cumulative effect is a minor penalty and, therefore, no regular enquiry is contemplated thereunder. It was further contended that an efficacious alternative remedy by way of an appeal being available to the Respondent in terms of the aforesaid Regulations, the High Court should not have entertained the writ petition. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2007 INSC 895 |
Petitioner | M.p. State Agro Industries Development Corporation Ltd. Andanr. |
Respondent | Jahan Khan |
SCR | [2007] 9 S.C.R. 715 |
Judgement Date | 2007-09-05 |
Case Number | 4041 |
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