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Showing posts with label dismissal from service. Show all posts
Showing posts with label dismissal from service. Show all posts
Saturday, April 6, 2013

service matter - While the appellant was unwell and was undergoing treatment, a charge memo, being Rc. 4/PR/A2/93 was issued against him on July 5, 1993. An ex-parte enquiry was held and the enquiry report was submitted to the Director General of Fire Services on November 27, 1993 and finally by order dated January 12, 1994, the appellant was dismissed from service without being given a copy of the enquiry report or any opportunity to show cause against the proposed punishment.= The High Court has taken the view that the ex parte enquiry held against the appellant could not be faulted as his whereabouts were not known and has also justified the non-supply of a copy of the enquiry report to the appellant for the same reason. However, the High Court seems to have overlooked that the notice with regard to the departmental enquiry was sent at the address of house No.147 but the correct address of the appellant was house No.177 and not No.147. Thus, the ex parte enquiry and the order of dismissal passed on that basis were quite vulnerable and the Tribunal has rightly held that the order of dismissal was passed on the basis of an enquiry which is untenable in law.

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Page 1 NON- REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.2768-2769 OF 2013 [ARISING OUT OF ...
Sunday, February 17, 2013

dismissal from service- De hors the above conclusion, we are satisfied that the punishment of dismissal imposed on the appellant is legally unsustainable. The Controller of Examinations and the Chairman of the Commission did not consider the impact of the alleged unauthorized action of the appellant in nominating/deputing substitute Invigilators at the particular examination centre. One can appreciate the Commission’s concern about mixing of the question papers of afternoon examination with the question papers of morning examination, but in the absence of any evidence to show that ‘P’ Section of the Commission, where the appellant was posted, had anything to do with the question papers or that he had custody of the question papers, the Commission was not at all justified in holding him guilty of the incident which occurred at the examination centre. Indeed, it is nobody’s case that the appellant was, in any way, responsible for mixing of the question papers. Therefore, the findings recorded by the Inquiry Officer and the two Authorities that the appellant was guilty of serious misconduct cannot be sustained. In the result, the appeals are allowed, the order of punishment passed by the Controller of Examinations and the appellate order passed by the Chairman of the Commission are quashed and it is declared that the appellant shall be entitled to all consequential benefits including the arrears of salary for the period during which he was kept out of employment. He shall also be entitled to the retiral benefits, which may be admissible to him under the relevant service rules. The concerned authority of the Commission is directed to pay the salary, allowances, etc., to the appellant within 4 months from the date of production of copy of this judgment. 24. While disposing of these appeals, we make it clear that this Court has 1Page 15 not expressed any opinion on the correctness or otherwise of order dated 28.2.2008 passed by the Full Bench of the High Court and the question whether a person, who holds higher post as in-charge in addition to his substantive post is entitled to exercise the powers of that post is left open to be decided in an appropriate case.

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Page 1  NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1078-1079 OF 2013 . A. Savariar ...