Kalyan Singh vs Union of India - 2022 Supreme(All) 1533

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1533

AJIT KUMAR
Kalyan Singh – Appellant
Versus
Union of India – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Satya Prakash Rai and Prateek Rai
For the Respondent: Ankush Tandon, Ishan Shishu

JUDGMENT :

Ajit Kumar, J.

The sole question of law that arises for consideration in the present case is as to whether petitioner could have been inflicted with a major penalty of termination/dismissal/removal from service after attaining the age of superannuation even in the face of the fact that certified standing orders framed under the Industrial Disputes Act, 1946 are absolutely silent on this point.

2. A preliminary objection has been raised by the learned counsel for the respondent regarding maintainability of this writ petition on the ground that petitioner has alternative efficacious remedy under Section 10 of the Industrial Disputes Act 1946, inasmuch as, services of the petitioner while in service being governed under the certified Standing orders, writ jurisdiction under Article 226 of the Constitution, cannot be invoked to enforce the same.

3. Briefly stated facts of the case are that petitioner who was appointed in the year 1981 as a helper and later on received promotions, finally came to be retired from service of respondents establishment on 22nd February, 2017 as a Senior Technical Assistant Grade VI (production).

4. A disciplinary proceeding was initiated against the p