departmental inquiry - The Legal Chamber

The Supreme Court held that under Rule 13(2) of the CCS (CCA) Rules, 1965, a disciplinary authority competent to impose only minor penalties is fully empowered to institute proceedings and issue a charge-sheet for imposing major penalties. The final order, however, must be passed by the authority competent to impose a major penalty. Facts Of The Case: The respondent, R. Shankarappa, was a Sub Divisional Engineer in the Department of Telecommunications who retired in 2018. In 2003, he was prosecuted by the CBI in two cases: one for demanding and accepting a bribe, and another for possessing assets disproportionate to his known sources of income. He was convicted in both cases, but the High Court later stayed the conviction and sentence, with the criminal appeals remaining pending. Paralle...

The Supreme Court held that natural justice violations must cause actual prejudice to invalidate disciplinary proceedings. Technical non-compliance with procedural rules doesn't automatically vitiate departmental action. Courts assess whether different outcomes would emerge if procedures were followed. Preponderance of probability standard applies in disciplinary cases, not criminal proof standards. Facts Of The Case: S. Janaki Iyer was appointed as a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore on probation from January 11, 1989, and became permanent from April 16, 1992. Since her husband worked in Mumbai, she sought transfer from Bangalore to Mumbai or Pune. A transfer order dated October 1, 1991, allegedly signed by VK Jain, Assistant Commissioner (Headqu...

Tag: departmental inquiry

Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained