Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Findings recorded by Inquiry Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Findings recorded by Inquiry Officer – Interference – Scope – Appellant appointed as Ardly (a class IV Post) in the Bareilly Judgeship was later transferred and posted as Process Server however, was being paid the salary of Ardly – Aggrieved, appellant made representations – Appellant was subjected to departmental inquiry on charges of misconduct, insubordination alleging that he used inappropriate, derogatory and objectional language and made false allegations against various higher officials; and had sent the representations directly to the High Court and Chief Minister/Minister without routing the same through proper channel – Inquiry Officer found that the charges levelled against the appellant were established – Appellant dismissed – Dismissal upheld by High Court – Correctness: Held: Finding of making false statement and allegation in his representation not borne out from the record – Since, this finding is the fulcrum of the reasoning to hold that charge no.1 is proved, this finding in the inquiry report is perverse – Ordinarily the findings recorded by the Inquiry Officer should not be interfered by the appellate authority or by the writ court – However, when the finding of guilt recorded by the Inquiry Officer is based on perverse finding the same can always be interfered – Further, Class-IV employee, when in financial hardship, may represent directly to the superior but that by itself cannot amount to major misconduct for which punishment of termination from service should be imposed – Impugned judgment of the High Court as well as the order terminating the appellant from service, set aside – Appellant reinstated with all consequential benefits. [Paras 9, 11-13] |
Judge | Hon'ble Mr. Justice Prashant Kumar Mishra |
Neutral Citation | 2024 INSC 115 |
Petitioner | Chatrapal |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2024] 2 S.C.R. 348 |
Judgement Date | 2024-02-15 |
Case Number | 2461 |
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