Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Conditional orders passed by Court/Tribunal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – High Court held that the remitted proceedings in the disciplinary enquiry against the respondent were rendered nullity, for having not been concluded within the time limit fixed by the Tribunal in its earlier order dated 03.09.2010 – Correctness of – Held: Fixing of the period of two months by the Tribunal in this case had only been to ensure expeditious proceedings because the matter was being restored for reconsideration in the year 2010, though the disciplinary proceedings related with the incident dated 09.01.2005 – However, the said period of two months did not acquire any status akin to that of a statutory mandate that the disciplinary proceedings would have automatically come to an end with its expiry – Proceedings in question neither abated nor could have been considered nullity only because of passage of the expected time period stated in the order of the Tribunal dated 03.09.2010 – There was no reason or justification for the High Court to interfere with the just and proper order passed by the Tribunal on 21.06.2013 which inter alia held that the proceedings pursuant to the order dated 03.09.2010 would have abated only if it was so directed in specific terms and not otherwise – Impugned order set aside and the order dated 21.06.2013 passed by the Tribunal is restored. Service Law – Conditional orders passed by Court/Tribunal to do something within a particular period, without providing consequence of default – Enlargement of such time – Permissibility of – Discussed. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 1307 |
Petitioner | Union Of India And Ors. |
Respondent | Sharvan Kumar |
SCR | [2022] 19 S.C.R. 445 |
Judgement Date | 2022-07-06 |
Case Number | 1942 |
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