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2008 Supreme(SC) 747

S.B.SINHA, LOKESHWAR SINGH PANTA
Man Singh – Appellant
Versus
State of Haryana – Respondent


Judgement Key Points

Key Points: - The judgment holds that administrative action must be just on the test of "fair play" and reasonableness, grounded in Article 14 equality (!) . - It emphasizes no discrimination between similarly situated individuals in disciplinary punishment, comparing appellant with HC Vijay Pal and condemning selective/unequal treatment (!) (!) (!) . - It states Civil Courts cannot sit in appeal over departmental proceedings or punishment, except within limited jurisdiction for substantial questions of law, which were not properly framed in the High Court’s decision (!) (!) . - The Supreme Court exercises Article 142 power to decide on merits to avoid delay, and decrees the suit in terms of relief sought, indicating final adjudication on the merits in special circumstances (!) (!) . - The case concludes that the High Court’s judgment was unreasoned and that the appellant’s punishment is unlawful due to inequality with the acquitted/ exonerated co-accused (!) (!) .

How to determine whether departmental punishment is fair, just, and non-discriminatory under Article 14 and the doctrine of fair play?

What is the standard for upholding equality and non-arbitrariness in administrative/disciplinary actions against public officials?

What are the grounds on which a Civil Court may or may not review departmental proceedings or punishment in a Regular Second Appeal?


JUDGMENT

Lokeshwar Singh Panta, J. —

1. Special leave granted.

2. This appeal is directed against the judgment and order dated 20.03.2006 passed by a learned Single Judge of the High Court of Punjab and Haryana, Chandigarh, whereby and whereunder Regular Second Appeal No.4272 of 2005 filed by the appellant-plaintiff from the judgment and decree dated 01.09.2005 passed by the learned Additional District Judge, Sonepat, in Civil Appeal No.21 of 2005, was dismissed.

3. Facts, in brief, giving rise to the filing of this appeal are that the appellant-plaintiff (hereinafter referred to as ‘the appellant’) was serving as Sub-Inspector in Police Department, Rohtak. In July 1996, the appellant was deputed as Incharge of the police party comprising of ASI Sucha Singh, HC Suraj Bhan and HC Vijay Pal for taking two Government vehicles bearing Nos. HR 22 0020 and HR 03A 7880 respectively from Chandigarh to Hyderabad (Andhra Pradesh) for repair and fitting of Jammers. HC Vijay Pal was driving one of the vehicles. He purchased 12 bottles of Indian-Made Foreign Liquor [IMFL] at Kota (Rajasthan) and concealed the consignment of the liquor in the dickey of the car without the knowledge and consen



































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