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2009 Supreme(SC) 1142

B.S.CHAUHAN, MUKUNDAKAM SHARMA
Union of India – Appellant
Versus
Gyan Chand Chattar – Respondent


Advocates appeared:
For the Appellant(s) :SWA. Qadri, Ms. Sadhana Sandhu, A.K. Sharma, Mrs. Anil Katiyar, Advocates.
For the Respondents(s):Bhargava V. Desai, Rahul Gupta, Ms. Reema Sharma, Advocates.

Judgement Key Points

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

  • An enquiry against a person must strictly adhere to statutory provisions and principles of natural justice, requiring charges to be specific, definite, and detailed; no enquiry can be sustained on vague charges (!) .
  • In cases involving corruption, such as Charge No. 6 regarding a demand for a 1% commission, the charge was found to be totally vague and based on hearsay statements, rendering any enquiry conducted on such a charge unsustainable (!) (!) .
  • The initiation of the enquiry appeared to be the outcome of the anguish of superior officers due to an illegal agitation by railway staff detaining the train, rather than genuine misconduct by the respondent (!) .
  • The Enquiry Officer failed to consider relevant material and took into account non-existing material, making his findings of fact unsustainable in the eyes of the law (!) .
  • Charge No. 1 regarding travel in First Class was not legally proved because the Enquiry Officer failed to examine whether the respondent was entitled to travel in that class given the circumstances of his duty (!) .
  • Charge No. 2 regarding refusal to arrange payment was not misconduct as the respondent's explanation that a Gazetted Officer was required to witness payments over Rs. 500/- was supported by departmental circulars (!) .
  • Charge No. 3 regarding playing cards was not proved as the evidence only showed the respondent played cards during the journey, not during the actual disbursement of pay and allowances (!) .
  • Charges No. 4 and No. 5 were only partly proved to the extent that the respondent refused to accept a "Control Message" or "Memo" from a superior officer, but even then, a major penalty could not be imposed (!) .
  • The Supreme Court disposed of the appeal by directing the appellant authorities to pay 50% of the pay and allowances without interest until the respondent reached the age of superannuation, along with arrears of retirement benefits with 9% interest (!) .

JUDGMENT

Dr. B.S. Chauhan, J.—

1. This appeal has been preferred against the judgment and order of the Division Bench of Gujarat High Court at Ahmedabad passed in Letters Patent Appeal No.25 of 1983 by which while affirming the judgment and order of the learned Single Judge dated 27.12.1982 passed in Special Civil Application No.101 of 1982 allowed the cross objections filed by the respondent-employee and set aside the order giving liberty to the disciplinary authority to pass a fresh order of minor punishment on two charges.

2. The facts and circumstances giving rise to this case are that the respondent-employee Gyan Chand Chattar was appointed in the Western Railway as Shroff in the Department of Pay and Cash in the scale of Rs.260-400 w.e.f. 8.2.1971 vide official letter dated 8.2.1971. He was thereafter posted as Cashier in the year 1977 in the pay-scale of Rs.330-480. He was served a charge sheet dated 8.4.1980 containing 6 charges that he traveled in the train in First Class on 24.11.1979 though he was not entitled to travel in that class; refused to arrange payment of certain amount to the employees against bills dated 12.11.1979; 16.11.1979 and 21.11.1979; while on duty on



















































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