Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Disciplinary proceedings - Central Civil Services (Classification 1965 Control and Appeal) Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Disciplinary proceedings - Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 14 - Departmental Inquiry against appellant, a Junior C Clerk in the Subordinate Court - Appellant filed response by way of defence, but after some time, did not participate in the inquiry - Departmental inquiry continued ex-parte - Subsequently, on objection of appellant that he had not been provided adequate opportunity, ex-parte departmental inquiry D was re-called and the inquiry started de novo - After full participation by the appellant thereafter in the departmental inquiry, some of the charges were found fully proved while some were held partially proved by the Inquiry Officer: The Chief Judge on consideration of the report submitted by the Inquiry Officer, awarded to the appellant penalty of dismissal from the service - Appellant challenged that order before the High Court by filing a Writ Petition - Writ Petition was dismissed - Two fold contentions raised by appellant- 1) that the findings of Inquiry Officer were vitiated inasmuch as the Inquiry Officer took into consideration the evidence recorded in the ex-parte proceedings and 2) that the Chief Judge was an appellate authority and, therefore, he could not have imposed the order of punishment as that resulted in depriving ·the appellant of his valuable right of departmental appeal against the order of punishment - Held: The first contention is misplaced - The Inquiry Officer did not base his findings · on the evidence recorded ex-parte but referred to that only for , purposes of appreciation of the evidence of the witnesses examined by the department in de novo inquiry wherein the· appellant fully participated - The findings were based on . evidence recorded subsequently in presence of the appellant - The consideration of the evidence recorded in the course of the inquiry by the Inquiry Officer in the presence of the appellant and the findings recorded by him did not suffer from any legal infirmity justifying any interference by Supreme Court - As regards the other contention, ordinarily in a case of infliction of punishment by the higher authority acting as a disciplinary authority, if delinquent is denied his right of departmental appeal or right of review, such order of punishment may be rendered bad in law but much would depend on the relevant rules - In the instant case, the Chief Judge was the appointing authority of the appellant - In that event, the argument of the appellant that the appellate 0 authority inflicted punishment upon him is devoid of any substance - The challenge to the competence of the Chief Judge in passing the order of punishment was rightly rejected by the High Court - By virtue of the second proviso in the Notification dated November 17, 1982, the appellant's right of departmental appeal was not taken away and he could have challenged that order in the departmental appeal to the higher authority - The appellant did not avail of that opportunity and instead challenged the order in a Writ Petition before the High Court - The appellant's right of appeal not affected by the order passed by the Chief Judge |
Judge | N/A |
Neutral Citation | 2011 INSC 803 |
Petitioner | S. Loganathan |
Respondent | Union Of India And Ors. |
SCR | [2011] 14 S.C.R. 1081 |
Judgement Date | 2011-11-16 |
Case Number | 9829 |
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