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K. M. JOSEPH, HRISHIKESH ROY
Satish Chandra Verma – Appellant
Versus
Union of India – Respondent
ORDER
1. Leave granted.
2. By the impugned order, the High Court has allowed the application seeking leave to implement the final order passed by the disciplinary authority.
A FEW FACTS
3. The appellant, who was a member of the Indian Police Services, to cut the long history short, was served with charges, which was challenged by him in Writ Petition (C) No. 10539 of 2021. There were interim orders passed in the said case in favour of the appellant. Thereafter, the High Court, by order dated 30.08.2022, permitted the respondents to pass final order in the disciplinary proceedings making it clear, however, that till the next date of hearing, final order if prejudicial shall not be implemented without the leave of the Court and the writ petition itself stood listed on 24th January, 2023. This, in fact, is the order which is the subject matter of SLP (C)No. 15878 of 2022 which we have closed today as infructuous. It is based on the same that the leave was sought to implement the order passed by the disciplinary authority. The order passed by the disciplinary authority dismissing the appellant from service with immediate effect came to be passed on 30.08.2022 which we notice to be the very
The court emphasized the need for earlier disposal of the writ petition and completion of pleadings, without expressing any opinion on the merits of the contentions of either party.
The main legal point established in the judgment is that the application for leave to pass final order in the disciplinary proceedings against the petitioner was filed in a sheer illegal, arbitrary, ....
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
Article 311(2)(b) cannot be invoked based on presumptions of guilt or witness influence without tangible evidence of impracticability; requires material showing actual threats, not mere gravity of ch....
The judgment established that non-supply of documents, without causing prejudice to the employee, cannot be the sole ground for setting aside a disciplinary authority's order. The Court also emphasiz....
(1) Appeal by Special Leave – Scope of – Issuing limited notice at stage of admission does not bar Constitutional Court having inherent powers to pass such orders as justice of case before it demands....
Disciplinary proceedings must adhere to principles of natural justice, especially when dismissal is involved, requiring adequate time for the employee to respond.
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