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1979 Supreme(SC) 195

D.A.DESAI, O.CHHINNAPPA REDDY
Union Of India – Appellant
Versus
J. Ahmed – Respondent


Advocates:
A.SEN GUPTA, Navnit Lal, S.K.Dutt, S.K.NANDY

Judgement Key Points

The principle that "No liability without statutory duty" is settled in the paragraph that discusses the nature of misconduct and the conduct expected of a government servant. It emphasizes that misconduct involves acts or omissions that are contrary to or in breach of the prescribed rules of conduct, and that an act or omission not specified as misconduct or not breaching the rules would not constitute misconduct. This paragraph clarifies that liability arises only when there is a breach of a statutory or prescribed duty or conduct.

(!)


Judgment

DESAI, J.:- Respondent J. Ahmed joined service in Assam State in 1945 and some time in 1959 came to be promoted to the Indian Administrative Service Cadre. In that very year he was posted as Deputy Commissioner and District Magistrate, Nowgong District. While he was holding the aforementioned post, some time in the beginning of June, 1960 there were large scale disturbances in Nowgong City and District area described in official parlance as language disturbances. There was considerable damage to property. One Shri A. N. Kidwai, the then Additional Chief Secretary to the Government of Assam, undertook an inquiry into the causes of disturbances at Nowgong with a view to ascertaining the responsibility of District officials. After Shri Kidwai submitted his Report, the Government took the first step of suspending the respondent from service by an order dated 14th Sept., 1960. The Chief Secretary to the Government of Assam by his communication dated 13th Sept. 1960 conveyed to the respondent various charges framed against him and called upon him to submit his explanation. A statement of allegations was annexed to the communication. Respondent submitted his explanation and therea





























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