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2012 Supreme(SC) 296

B.S.CHAUHAN, JAGDISH SINGH KHEHAR
Vijay Singh – Appellant
Versus
State of U. P. – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • It is a settled proposition of law that punishment not prescribed under the rules cannot be awarded as a result of disciplinary proceedings. (!) (!) (!)
  • The imposition of punishment for a proved delinquency is regulated and controlled by statutory rules, and quasi-judicial authorities are not permitted to ignore these rules. (!) (!)
  • Withholding an integrity certificate merely does not cause stigma but makes a person liable to face very serious consequences. (!) (!)
  • The order passed by the Disciplinary Authority withholding the integrity certificate as a punishment for delinquency was without jurisdiction because it was not provided under the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. (!) (!)
  • Since the punishment (withholding integrity certificate) was not listed in Rule 4 of the 1991 Rules (which lists Major and Minor Penalties), the order is outside the purview of statutory rules and is a nullity that cannot be enforced. (!) (!) (!)
  • The rules do not empower the Disciplinary Authority to impose "any other" major or minor punishment beyond those explicitly prescribed. (!)
  • The analogy of nulla poena sine lege applies, meaning a person should not suffer a penalty except for a clear breach of existing law; similarly, in service law, punishment not prescribed by statute cannot be imposed. (!)
  • The revisional authority and appellate authorities committed a mistake by not rectifying the error of imposing a non-prescribed punishment, showing a total non-application of mind. (!) (!)
  • The grievance raised by the appellant regarding the recording of past criminal history in bailable offences was not considered by the authorities, constituting a failure to apply their mind to the grounds of appeal. (!) (!)
  • The appeal was allowed, and the impugned orders withholding the integrity certificate for the year 2010 and all subsequent orders were quashed. (!) (!)
  • The respondents are directed to consider the appellant's case for all consequential benefits, including promotion, afresh in accordance with the law. (!)

ORDER

1. Leave granted.

2. This appeal has been preferred against the impugned judgment and order dated 19.7.2011 passed by the High Court of Judicature at Allahabad in CMWP No. 39609 of 2011, wherein the case of the appellant against the order of punishment in disciplinary proceedings has been rejected as the revisional authority had held that against the order passed by the disciplinary authority, the revision was not maintainable. The High Court held that on such facts the writ petition was not worth entertaining.

3. The instant case is an eye opener as it reveals as to what extent the superior statutory authorities decide the fate of their subordinates in a casual and cavalier manner without application of mind and then expect them to maintain complete discipline merely being members of the disciplined forces. The facts necessary to decide this appeal are as under:

A. The appellant when posted as Sub-Inspector of Police at Police Station, Moth, District Jhansi in the year 2010, had arrested Sahab Singh Yadav for offence punishable under Section 60 of the U.P. Excise Act and after concluding the investigation, filed a chargesheet before the competent court against the said ac













































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