SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(SC) 1621

S.P.KURDUKAR, K.RAMASWAMY
Dy. Inspector General Of Police – Appellant
Versus
K. S. Swaminathan – Respondent


ORDER

Delay condoned.

Leave granted.

2. While the respondent was working as an Inspector of Police, District Special Branch is Coimbatore Rural District a special raid was conducted in the farm house of one Eswaramoorthy Gounder located within the limits of Avinashi Police Station on August 19, 1991. The incriminating material recovered from the farm house would indicate that he was making payments to certain persons and one of the names disclosed from the incriminating material was of the respondent. Consequently, a charge memo imputing misconduct on his part was issued to him. The respondent filed O.A. in the Administrative Tribunal challenging the validity of the charge memo dated September 28, 1991. The Tribunal in the impugned order dated April 15, 1994 set aside the charge memo on the ground that the charges were vague. !!Thus, this appeal by special leave.

3. It is settled law by catena of decisions of this Court that if the charge memo is totally vague and does not disclose any misconduct for which the charges have been framed, the Tribunal or the Court would not be justified at that stage to go into whether the charges are true and could be gone into, for it would be a matter





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top