Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Judicial Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Judicial Officer - Disciplinary proceedings - On charges inter alia of using intemperate language in representations to High Court - Penalty of compulsory retirement-Held: Justified - The language used by the delinquent officer, does. not behove a judicial officer - Order was not violative of Article 21 or the Rules or principles of Natural Justice - Appointment of Inquiry Officer was not faulty - Provisions of Evidence Act are not applicable to departmental proceedings nor is the Inquiry Officer a Court - Civil Service (Discipline and Appeal) Rules have been formulated under proviso to Article 309 and thus have the force of a statute - Maharashtra Civil Service (Discipline and Appeal) Rules, 1979 - rr. 5 (1)(vii) and 8 - Constitution of India, 1950 - Article 21 and 309 - Evidence Act, 1872 - Principles of Natural Justice.Departmental Proceedings - Nature of - Held: It is not a judicial proceeding.Evidence Act, 1872 - Applicability of - To Departmental Inquiry proceedings - Held: Not applicable.Disciplinary committee of High Court, initiated departmental proceedings against the appellant, a judicial officer. The changes against him were that he was not discharging his duties; that in his representation to the High Court regarding his transfer, he had used intemperate language and other charges. District Judge was appointed as the inquiry officer. He gave his report that the charges were proved. Disciplinary Committee of High Court, in view of the report, issued second show cause notice to the appellant. In response to that, he used intemperate language. Penalty of compulsory retirement from service as prescribed under Rule 5 (1)(vii) of Maharashtra Civil Service (Pension) Rules, 1982, was imposed. Further 2/3rd compulsory retirement pension as admissible under Rule 100 of Maharashtra Civil Service (Pension) Rules, 1982, was given to him. Pursuant to recommendation of High Court, State Government passed the order dated 14.12.2005 accordingly. Writ Petition thereagainst was dismissed by High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1221 |
Petitioner | Naresh Govind Vaze |
Respondent | Govt. Of Maharashtra & Ors. |
SCR | [2007] 12 S.C.R. 863 |
Judgement Date | 2007-12-04 |
Case Number | 5608 |
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