Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disciplinary inquiry Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service LawDisciplinary inquiry - Medical Officer appointed by the principal company and posted in subsidiary company. Complaint against, for abusing and attempting to assault his senior, the Chief Medical Officer, and beating others who tried to intervene - Punishment of dismissal from service, awarded by CMD of subsidiary company - Set aside by High Court holding that it was not passed by the competent authority - Liberty given to employers to initiate the proceedings de novo. Proceedings held again, but on the basis of the earlier charge-sheet - HELD: High Court erred in holding that CMD of the subsidiary company was not competent to initiate the proceedings - However, since the entire previous proceedings including the charge-sheet issued earlier stood quashed, inquiry could not have been initiated without giving a fresh charge-sheet - There was no proper initiation of disciplinary proceedings after the first round of litigation and, as such, all the consequential proceedings stood vitiated - In case the employers choose to hold a fresh inquiry, they would reinstate . the delinquent - All the entitlements of the delinquent would be determined by the disciplinary authority in accordance with law - Coal India Executives (Conduct Discipline and Appeal) Rules 1978 - rr. 27 and 28 - Constitution of India, 1950 - Article 311 - Maxim "sublato fundamento cadit opus" - Applicability of - Administrative Law - Bias.Disciplinary inquiry - Revival of - HELD: The order of revival reveals that the note prepared by the OSD was merely signed by the disciplinary authority in a routine manner. There is nothing on record to show that the disciplinary authority put its signature after applying its mind - Therefore, it cannot be said that the proceedings had been properly revived - The order of revival could not be sufficient to initiate any disciplinary proceedings. Disciplinary inquiry - Order of dismissal - Requirement of a speaking order - HELD: An order of dismissal from service passed against a delinquent and the proceedings held against such a public servant under the statutory rule to determine whether he is guilty of the charges framed against him are in the nature of quasi-judicial proceedings - The authority has to give reasons for initiation of the inquiry and conclusion thereof.Evidence Act, 1872:s. 114, Illustration (f) - Presumption as to service of notice - Disciplinary inquiry - Notice sent to delinquent by registered post - Delinquent not participating in the proceedings and contending that notices were not served upon him in accordance with law :- HELD: The second show cause notice and the copy of the inquiry report had been sent to him under registered post - Therefore, there is a presumption in law, particularly, u/s 27 of the General Clauses Act, 1897 and s.114 Illustration (f) of the Evidence Act that the addressee has received the materials sent by post - General Clauses Act, 1897 - s.27.Constitution of India, 1950: Article 226 - Writ petition challenging disciplinary inquiry and dismissal order - Statutory appeal against order of dismissal pending - HELD: Writ petition could not have been proceeded with and heard on merits when statutory appeal was pending - Department also proceeded with the case without any sense of responsibility, as subsequent to dismissal of writ petition and writ appeal by High Court, the statutory appeal filed by delinquent after 15 months of the order of punishment was entertained though the /imitation prescribed under the Rules was 30 days and the appeal was dismissed on merits without dealing with the issue of limitation - Coal India Executives (Conduct, Discipline and Appeal) Rules, 1978 - Appeal - Limitation. Administrative Law:Bias - Held: The presumption is in favour of bonafides of the order unless contradicted by acceptable material - In the instant case, though in respect of the a/legation of bias I prejudice malafides, a ground has been taken in the writ petition before the High Court, but no material on record could be pointed out to substantiate the allegation. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 276 |
Petitioner | Chairman-cum-m.d., Coal India Ltd., & Ors. |
Respondent | Ananta Saha & Ors. |
SCR | [2011] 5 S.C.R. 44 |
Judgement Date | 2011-04-06 |
Case Number | 2958 |
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