Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Disciplinary enquiry - High Court~ power to |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Disciplinary enquiry - High Court~ power to interfere - Respondent-employee removed from service by Disciplinary Authority - Departmental appeal by respondent dismissed by Appellate Authority - High Court noted that neither Disciplinary Authority nor Appellate Authority applied their mind nor recorded reasons is support of their conclusions - It quashed the order of punishment and directed release of service benefits - On appeal, Held: It is true that a writ court is very slowing interfering with the findings of facts recorded by a Departmental Authority on the basis of evidence on record - But, it is equally true that in a case where Disciplinary Authority records a finding unsupported by any evidence or a finding which no reasonable person could arrive at, the writ court is justified to examine·the matter and grant relief - In the instant case, Disciplinary Authority did not appreciate the evidence properly or recorded reasons in support of its conclusion - Appellate Authority instead of recording its own reasons and indepe11dently appreciating the material 011 record, simply reproduced the findings of Disciplinary Authority - Therefore, High Court was right in interfering with order of dismissal - Respondent entitled to continuity of service till the date of his superannuation, however with only 50% of the salary for the period between the date of his removal till the date of superannuation - Writ jurisdiction - Constitution of India - Art.226. Practice and Procedure: Procedural lapse in conducting enquiry in service matters - Held: Proper course is to remand the matters back to concerned authority for fresh enquiry - However, such a course is not justified in situation where due to long time lag or such other supervening circumstances directing fresh enquiry, would be unfair, harsh or otherwise unnecessary. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2017 INSC 10 |
Petitioner | Allahabad Bank & Ors. |
Respondent | Krishna Narayan Tiwari |
SCR | [2017] 1 S.C.R. 389 |
Judgement Date | 2017-01-02 |
Case Number | 7600 |
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