SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

1965 Supreme(MP) 52

High Court Of Madhya Pradesh
P.V. Dixit, C.J. and K.L. Pandey, J.
HARISCHANDRA PATHAK
Versus
REGISTRAR OF CO-OPERATIVE SOCIETIES
Decided On : Apr 15,1965

Headnote:(1) Constitution of India - Art. 311(2) - delegation of authority-authority to dismiss or remove cannot be delegated-power to make enquiry-may be delegated.

       (2) Delegation of power-when permissible.

       The ultimate responsibility to dismiss or remove a civil servant cannot be delegated so as to destroy a protection like the one afforded by Article 311 (2) of the Constitution. 60 IA 40 & (1955) 2 SCR 1931 relied on.

       Any other power in regard to which there is no constitutional protection or mandatory provision of law or rule having the force of law, may be validly delegated. AIR 1963 SC 1618 relied on. [Para 3]

       (3) Constitution of India - Art. 311 (2) - departmental enquiry-General Book Circular 1-13(15) -right of public servant to be represented by a lawyer-when permissible- resonable opportunity.

       (4) Reasonable opportunity-material witness nor examined – opportunity to be represented by a lawyer not given-is denial of reasonable opportunity.

       It is true that a public servant has no absolute right to be represented by a lawyer in a departmental enquiry on charges lavelled against himself, but the denial of assistance of a lawyer may in certain circumstances, amount to denial of reasonable opportunity within the meaning of Art. 311(2) of the Constitution. AIR 1961 Cal. 1 relied on. [Para 5]

       Not examining the material witnesses of a charge is denial of the reasonable opportunity. 1962 JLJ-SN 9 relied on. [Para 6]

       (5) Constitution of India - Arts. 311(2) & 226 - no proof in support of the charge-punishment based on suspicion-is liable to be quashed-difficulty of roof-no ground to punish on suspicion.

       Difficulty of proof is no substitute for proof necessary to establish the charge and it cannot support an unfair conclusion grounded merely on suspicion. Since admittedly there is in this case no evidence to show that the petitioner communicated the offending information to the press, the conclusion that the Additional Charge was established and the punishment therefor awarded to the petitioner are liable to be quashed by certiorari. AIR 1964 SC 364 relied on. [Para 6]

JUDGMENT :

( 1. ) THIS petition under Articles 226 and 227 of the Constitution is mainly directed against an order dated 27 February 1963 whereby the Registrar of Co-operative Societies, Madhya Pradesh, dismissed the petitioner from service.

( 2. ) THE material facts of the case are these. In the year 1956, the petitioner was recruited as co-operative and panchayat inspector. Subsequently, he was required to work as a co-operative extension officer. At the material time, he was employed on that post in the Amarwnra Block of Ctihindwara district. By an order dated 17 February 1961, the Collector of Chhindwara suspended the petitioner and directed that a departmental enquiry be held against him. In due course, the chargesheet enumerating six charges (Annexure C) and the statement of allegations (Annexure D) were served on the petitioner and the enquiry was held by Sri S. H. Naidu, Assistant Registrar, Co-operative Societies, Chhindwara, who was appointed by the Collector to be the enquiry officer. During the pendency of this enquiry, the Collector found It necessary to serve upon the petitioner additional charge 1 (Annexure I) with a statement of allegations (Annexure J) on which that charge was based and required him, by a notice dated 24 October 1961, to submit his written statement in respect of that charge. Thus even that charge became the subject-matter of enquiry which admittedly was, except in two respects duly held. On 15 April 1962, the enquiry officer submitted his report to the Registrar of Co-operative Societies who, however, remanded the case for (i) examining the petitioner afresh, (ii) taking evidence about the death of some of the persons mentioned in the first charge, and (iii) examining the Examiner of Questioned Documents about certain questioned documents. The enquiry officer carried out the directions of the Registrar and submitted his additional report on 28 January 1963. Thereupon, agreeing with the conclusions of the enquiry officer, the Registrar issued to the petitioner a show-cause notice dated SO January 1963. After the petitioner submitted his detailed reply, the Registrar passed the final order dated 27 February 1963 holding that only charges 1 and 4 and the additional charges were proved against the petitioner and inflicting upon him a separate punishment for each fault. For the fault covered by the charge 1, he was removed from service. For that covered by the charge 4, he was permanently reduced by Rs. 5. For the delinquency specified in the additional charge, he was dismissed from service. Being aggrieved by that order, the petitioner preferred an appeal to the State Government, which referred the matter to the State Public Service Commission. The Commission held that while the charges 1 and 4 were not proved, the additional charge was duly established and the penalty of dismissal was, having regard to the nature of the delinquency, merited. As advised by the Public Service Commission, the State Government rejected the petitioners appeal. He has called in question his dismissal from service upon the several grounds enumerated in Para. 18 of his petition. In their return, the respondents have traversed all those grounds and supported the action taken in regard to the petitioner. One of the grounds urged before us is that, since the Registrar of Cooperative Societies, and not the Collector, was the appointing authority, the Collector could not suspend the petitioner, initiate any enquiry against him, frame charges for such enquiry or appoint any officer to conduct the enquiry. We are unable to accept this contention. What cannot be delegated is the ultimate responsibility to dismiss or remove a civil servant so as to destroy a protection like the one afforded by Article 311 (2) of the Constitution-Rangachari v. Secretary of State for India A. I. R. 1937 P. C. 27 and Pradyat Kumar Bose v. Chief Justice of Calcutta High Court Any other power, in regard to which there is no constitutional protection or














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top