Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunal Public Servant Disciplinary Proceeding |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Public Servant-Disciplinary proceedings- Prcedure - "May" - Construction of -U. P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947, r. 4 (2). The respondent was appointed a Naib Tehsildar under the appellant, in the year 1937. On August 4, 1952, he was suspended on complaints received against him and his case was referred for investigation to the Administrative Tribunal appointed under the Rules. While the proceedings were pending, additional complaints were received by the appellant against his conduct and they were communicated to the Tribunal with an intimation that the appellant proposed to send those further charges against the respondent for enquiry. The Tribunal did not wait for receipt of the said additional charges and on enquiry exonerated him from the charges framed against him, in August, l 952. On October 28, 1956, the respondent was again suspended and the charges framed on the additional complaints were delivered to him. The respondent submitted his explanation and pleaded that the enquiry might be entrusted to the Administrative Tribunal in accordance with the Rules; but his request was rejected and the case was entrusted to the Commissioner with directions to take disciplinary proceedings against him. The High Court allowed the writ petition of the respondent and the order directing the enquiry to be held by the appointed authority under r. 55 of the said Civil Services Rules was quashed. The question for decision in this Court was, whether like the word "may" in r. 4 (1) which confers the discretion on the Governor, the word "may" in sub-r. (2) confers discretion on him, or does the word "may" in sub-r. (2) really mean "shall" or "must". |
Judge | Honble Mr. Justice P.B. Gajendragadkar |
Neutral Citation | 1963 INSC 48 |
Petitioner | State Of Uttar Pradesh |
Respondent | Jogendra Singh |
SCR | [1964] 2 S.C.R. 197 |
Judgement Date | 1963-03-04 |
Case Number | 301 |
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