departmental appeal - The Legal Chamber

Supreme Court Restores Dismissal, Limits Judicial Review in Disciplinary Cases

3Feb

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Supreme Court

Supreme Court Restores Dismissal, Limits Judicial Review in Disciplinary Cases

The Supreme Court held that judicial review in disciplinary matters is limited to examining the inquiry process, not the merits. Once a fair inquiry with due opportunity is conducted, and misconduct is established, interference with the imposed penalty is unwarranted. The Court reinstated the penalty of removal from service. Facts Of The Case: The respondent, Indraj, was appointed as a Gramin Dak Sevak/Branch Post Master in 1998. During an annual inspection on June 16, 2011, irregularities were discovered involving the misappropriation of public funds. It was found that he had received installment amounts from depositors for Recurring Deposit accounts and a life insurance premium, duly stamped their passbooks, but failed to make the corresponding entries in the official post office...

Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry

The Supreme Court held that a departmental inquiry is vitiated if based on the unexamined statement of a key complainant, denying the delinquent employee the right to cross-examination—a violation of natural justice. Charges unsupported by conclusive evidence cannot sustain a dismissal order, warranting judicial intervention under Article 226. Facts Of The Case: The appellant, V.M. Saudagar, was a Travelling Ticket Examiner (TTE) with Central Railway, Nagpur. On 31 May 1988, a Railway Vigilance team conducted a surprise check on his coach. He was subsequently charge-sheeted in July 1989 for alleged misconduct, including demanding illegal gratification from three passengers for berth allotment, possessing excess undeclared cash, failing to recover a small fare difference, and forgin...

No Relief for Constable: Supreme Court Reinstates Dismissal Over Unauthorized Absences

The Supreme Court ruled that while it is desirable to inform an employee if past misconduct will be considered for punishment, it is not mandatory when the current charge itself constitutes a "gravest act of misconduct." In such cases, referring to past conduct merely to add weight to the decision does not vitiate the dismissal order, especially within a disciplined force where habitual absenteeism is a serious violation. Facts Of The Case: The respondent, Ex. Constable Satpal Singh, was appointed in the Punjab Armed Forces in 1989 and later transferred to the Commando Battalion. The immediate trigger for the case was his unauthorized absence from April 4, 1994, to May 12, 1994 (37 days), after he overstayed a one-day casual leave. A departmental enquiry was initiated for this absence, w...