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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Exercise of Power in Disciplinary Proceedings - Arbitrary and Colorable Exercise Several sources highlight instances where disciplinary authorities exercised power in a manner deemed arbitrary, colorable, or without proper adherence to legal and constitutional provisions. For example, ["P Rakesh Kumar vs M/o Railways - Central Administrative Tribunal"] states:
We are disturbed to observe the highhanded manner in which the services were terminated by ignoring the rules and the Constitutional provisions. Similarly, courts have found that termination was made in a manner that ignored procedural rules and the principles of natural justice, indicating an exercise of power that crosses into arbitrariness or colorable exercise of authority.
Judgments Highlighting Arbitrary Termination and Abuse of Discretion Courts have held that when disciplinary authority terminates services without proper procedure or in a manner inconsistent with rules, it constitutes an exercise of power in a colorable or arbitrary manner. For instance, ["P Rakesh Kumar vs M/o Railways - Central Administrative Tribunal"] notes:
the highhanded manner in which the services were terminated by ignoring the rules and the Constitutional provisions. This suggests that such actions are viewed as exceeding the lawful exercise of disciplinary powers, rendering the termination arbitrary.
Legal Principles on Exercise of Disciplinary Power Several sources emphasize that disciplinary authorities must exercise their powers in accordance with statutory and procedural rules. ["S. S. Abdul Khuddus Azami VS Principal Secretary to Government, Health and Family Welfare Department - Madras"] states:
when the rule confers power on the authority and the manner, as to how it should be exercised, the same has to be done only in the said manner and not otherwise and if there is an erroneous or colorable exercise of power, then the Courts would not hesitate to strike down such. This reinforces that exercise of disciplinary power must be lawful and within the prescribed manner; deviations can be struck down by courts.
Instances of Termination in Violation of Rules Multiple judgments refer to terminations that appear to be made without following proper procedures, often in a manner that suggests abuse of authority. For example, ["NEPAL SINGH vs STATE OF U. P. ORS. - Supreme Court"] mentions:
discharge the burden of showing that the power to terminate the services was exercised... implying that the burden is on the authority to demonstrate lawful exercise. Additionally, several cases (e.g., ["K V S S KUMARI vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"], ["G NARASIMHA RAO vs The State of Andhra Pradesh - Andhra Pradesh"]) mention that despite the power vested, authorities did not exercise their discretion properly, leading courts to quash proceedings or highlight the arbitrary exercise of authority.
Conclusion The cited judgments consistently reveal that when disciplinary authorities terminate services without following statutory procedures, proper rules, or constitutional safeguards, such exercise of power is deemed colorable, arbitrary, or unlawful. Courts have intervened to quash such terminations, emphasizing the importance of lawful exercise of disciplinary powers and adherence to procedural fairness.
References:["P Rakesh Kumar vs M/o Railways - Central Administrative Tribunal"]["Commissioner of Customs & Ors. VS Narotam Sharma - Jammu and Kashmir"]["S. S. Abdul Khuddus Azami VS Principal Secretary to Government, Health and Family Welfare Department - Madras"]["NEPAL SINGH vs STATE OF U. P. ORS. - Supreme Court"]["K V S S KUMARI vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"]["G NARASIMHA RAO vs The State of Andhra Pradesh - Andhra Pradesh"]
In the realm of employment law, few issues strike fear into employees like sudden termination from service, especially when it stems from disciplinary proceedings. Imagine a scenario where an employer or disciplinary authority appears to follow procedure but is actually masking ulterior motives, bias, or victimization. This is where the doctrine of colorable exercise of power comes into play—a legal principle that courts scrutinize to prevent sham actions disguised as lawful ones.
A common query from employees and HR professionals alike is: Find me judgment where in disciplinary proceedings authority exercised colorable exercise of power and terminated from services. This blog delves into a landmark Supreme Court ruling and related cases, explaining how such actions can be challenged and overturned. While this provides general insights, it is not legal advice—consult a qualified lawyer for your specific situation.
The term 'colorable exercise of power' refers to when an authority exercises power without genuine lawful intent, often mala fide (in bad faith), arbitrarily, or as a pretext to hide true motives like victimization or unfair labor practices. It's not about the absence of power but its abuse through pretense or sham.
As established in key jurisprudence, courts and industrial tribunals have the jurisdiction to probe beyond surface-level compliance. They examine if the exercise was bona fide (genuine) or merely a facade. This principle ensures fairness in disciplinary proceedings, protecting employees from arbitrary terminations. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34
The pivotal case addressing this issue is captured in Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34, where the Supreme Court affirmed the industrial tribunal's power to intervene. The Court held:
The industrial tribunal has jurisdiction to intervene and set aside such termination if it is satisfied that the action taken was a colourable exercise of power, not bona fide, or a result of victimization or unfair labour practice.
This underscores that even statutory or contractual powers must be exercised genuinely. The ratio decidendi is clear: a mere claim to exercise power isn't enough; it must be bona fide. If it's a 'pretence or sham,' tribunals can interfere, leading to reinstatement. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34
In this case, the employer's appeal was dismissed, upholding the tribunal's finding of colorable exercise. The Court emphasized:
The requirement of bona fides is essential even in cases of termination of service by notice or payment of wages in lieu of notice, and that the industrial tribunal has jurisdiction to intervene and set aside such termination if it is a colourable exercise of power or a result of victimization or unfair labour practice. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34
This ruling extends to disciplinary proceedings, where authorities might invoke rules but act with hidden agendas. Tribunals scrutinize real motives, not just procedural checkboxes.
In disciplinary contexts, terminations often follow inquiries into misconduct. However, if initiated or pursued mala fide, they qualify as colorable exercises. Courts look for signs like bias, arbitrariness, or ulterior motives. A termination that seems procedurally sound can still be quashed if proven sham.
Key points from the jurisprudence:- Tribunals/courts scrutinize if power was exercised bona fide or for victimization. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34- Mala fide, arbitrary decisions masking true intent are invalid. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34- Even formal compliance fails if motives are concealed. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34
The doctrine prevents authorities from bypassing safeguards by cloaking bad faith in legality. As the Court noted:
The industrial tribunal's jurisdiction to intervene and set aside such termination if it is satisfied that the action taken was a colourable exercise of power and that it failed to justify its action before the tribunal. Management Of U. B. Dutt And Company Private LTD. VS Workmen Of U. B. Dutt And Company (Private) LTD. - 1962 0 Supreme(SC) 34
Several judgments reinforce this by highlighting similar abuses, such as lack of independent discretion or pre-determined bias, akin to colorable exercises.
In a case involving suspension under Uttar Pradesh Power Corporation Limited Employees Regulations, 2020, the court quashed the order because the appointing authority failed to exercise independent discretion as required by Regulation 4(1). The order merely complied with superior directions, lacking application of mind—mirroring a sham process:
The court found that the suspension order did not reflect any independent discretion by the appointing authority and was passed in compliance with directions from superior officers, thus not fulfilling the requirements of Regulation 4(1). Imtayaz Ahmad Ansari VS Power Corporation Ltd. - 2023 Supreme(All) 1723
Another instance involved disciplinary penalties where authorities had pre-determined guilt, rendering post-decisional hearings an 'empty formality.' The court set aside orders, noting:
Authorities had pre-determined to impose penalty on the petitioner and proceeded to hold quasi-judicial inquiry giving the post-decisional opportunity of hearing which does not sub serve the rule of natural justice. Mukesh Kumar Paswan VS State of Bihar - 2024 Supreme(Pat) 892
In probationer terminations, stigmatic allegations without proper inquiry under Central Civil Services rules were invalidated, emphasizing natural justice over procedural facades. 02000033768
Bias in inquiries, like dictating terminations without hearings or reasoned orders, was struck down as violative of principles, treating duty descriptions as charges without misconduct proof. Bhuban Mohan Pal VS STATE OF WEST BENGAL - 2013 Supreme(Cal) 459Union Of India vs No. 87250608 Head Constable Raj Kumar - 2025 Supreme(Cal) 994
These cases illustrate how courts invalidate actions lacking bona fides, aligning with the colorable exercise doctrine.
If facing such a termination:1. Gather Evidence: Document procedural lapses, bias indicators, or inconsistent motives.2. Approach Tribunal/Court: Industrial disputes acts empower scrutiny under sections like 33(2)(b).3. Seek Reinstatement: Successful challenges often lead to back wages and service continuity.4. Highlight Mala Fides: Prove ulterior motives via timelines, superior influences, or exonerations of co-accused.
Remember, outcomes depend on facts; proportionality of punishment and natural justice are key. Pradeep Siroya VS M/s Hindustan Zinc Ltd - 2014 Supreme(Raj) 834
This principle upholds fairness in labor relations. For tailored advice, consult legal experts. Stay informed on evolving case law to safeguard rights.
This post is for informational purposes only and does not constitute legal advice.
#ColorableExercise #DisciplinaryLaw #LaborRights
Respondents claim that for the unauthorized absence from 21.9.2018 to 10.2.2019, applicant’s services were initially terminated on 11.2.2019 and thereafter, major disciplinary proceedings were initiated resulting in the removal of the applicant from service on 23.11.2020. II. ... Xxxx A review of the above legal position would establish that the disciplinary authority, and on appeal the appellate authority, being fact-finding authorities have exclusive power....
The Commissioner, Customs & Central Excise, Chandigarh in his capacity as Revisional Authority perused the record, found the Disciplinary Authority to have discarded evidence that otherwise was relevant and to have erroneously dropped the proceedings. ... The order, in respect of, which revisional powers have been exercised by the Commissioner, is the order of Disciplinary Authority (Additional Commis#31;sioner, Railway Customs and Central ....
On the facts of the instant appeal, the defendants were basically doing that, ie, the five disciplinary offences were in relation to misconduct involving corrupt practices. It must also be remembered that the proceedings before the disciplinary authority were not criminal proceedings. ... In Utra Badi (supra), the 1st appellant, Lembaga Tatatertib Perkhidmatan Awam Hospital Besar Pulau Pinang ("the Disciplinary Board") had terminated the services of ....
in contemplation of disciplinary proceedings or during pendency of the disciplinary proceedings but the said discretion has to be exercised independently by the appointing authority. ... This court finds that Regulation 4(1) of the Regulations of 2020 provides that appointing authority in his discretion can place services of an employee under suspension either during pendency of the disciplinary proceedings or in c....
It is well settled that when the rule confers power on the authority and the manner, as to how it should be exercised, the same has to be done only in the said manner and not otherwise and if there is an erroneous or colorable exercise of power, then the Courts would not hesitate to strike down such ... Ghaswala, a Constitution Bench of this Court reaffirmed the general rule that when a statute vests certain power in an authority to be exercised in a....
discharge the burden of showing that the power to terminate the burden of showing that the power to terminate the services was exercised ... proceedings. ... proceedings on March 12, 1970. ... Where the services of a government servant on temporary appointment arc terminated on the ground that his p style
These were matters to be considered and decided by the Inquiry Officer and the disciplinary authority. This Court cannot substitute its judgment for theirs. ... Under R. 14 (3), a charge - sheet is not required to be drawn up by the disciplinary authority but it is to be drawn up or caused to be drawn up by the disciplinary authority. ... discretion exercise the power under Art.310 has, in our judgment, no force. ... In the said wri....
Pursuant to the schemes, certain employees of the first mentioned three Banks were excluded from employment and their services were not taken over by the respective transferee Banks. Such exclusion was made without giving the employees, whose services were terminated, an opportunity of being heard. ... Rule 7 provides that the authority to institute proceedings and to impose penalty on a member of All India Service is the State Government, if he is serving in connection with the affairs of the State. Th....
![Director, CSIR-CIMFR [Central Institute of Mining and Fuel Research] VS Mayuresh Dash, S/o. Sri Rabindra Kumar Dash - 2024 Supreme(Jhk) 43](https://supremetoday-s3.b-cdn.net/Jharkhand_3.png)
Authority to institute proceedings (1) The President or any other authority empowered by him by general or special order may - (a) institute disciplinary proceedings against any Government servant; (b) direct a disciplinary authority to institute disciplinary ... proceedings against any Government servant on whom that disciplinary authority is competent to impose under these rules any of the penal....
Section 11 (2) of the Act gives power to the competent authority to dismiss or remove a person under his command but such power can be exercised subject to the provision of this act and rules. This is evident by a conjoint reading of Sub-section 1 and 4 of Section 11 of the Act. ... The dictate issued to subordinate officer to follow section 11 and Rule 22 by the superior authority and terminate his services is like delivering a judgment before hearing commenced. ... ....
The third respondent’s services have never been terminated as would ex facie appear from the order of punishment made in the disciplinary proceedings; and, therefore, the power to forfeit gratuity cannot be exercised. If the power to forfeit cannot be exercised, no recovery can be made from any sum of money payable as gratuity. It is his submission that under any of the clauses of sub-Section (6) of Section 14 of the Act, and the various contingencies contemplated there, termination of service is a sine qua non for the exercise of power to forfeit gratuity under the Act.
The appellant-respondent filed application under Section 33(2)(b) of the Industrial Disputes Act, 1947 for seeking approval of his termination. The learned Tribunal after hearing both the parties dismissed the application vide order dated 21.8.2004. The appellant-RSRTC instead of accepting the option of the respondent, refused the same and advised that since he was under suspension, therefore, he should submit his option form within 30 days from the date of his reinstatement. Eventually, the disciplinary proceedings against the respondent were concluded and the disciplinary authori....
Though, the copy of the inquiry report has not been supplied as averred by the petitioner but the petitioner has not been able to submit what prejudice has been caused to him but the departmental proceeding has been vitiated on that ground but so far as the charge of unauthorized absence is concerned earlier on two occasions the petitioner has been punished and for the unauthorized absence by the petitioner has been inflicted from punishment of dismissal from services which the facts and circumstances of the case appears to be quite disproportionate. The inquiry officer conducted ex-parte en....
An industrial dispute was raised and eventually, the same was referred to the learned Labour Court, Udaipur in the following terms: "Whether the action of the Management, Rajpura Dariba Mines, M/s. Hindustan Zinc Ltd., in terminating the services of Shri Pradeep Siroya son of Shri Sardar Singh, Senior Assistant, Employee No.32168 w.e.f. 19.1.1991 is justified and legal? Eventually, the Enquiry Officer submitted his report on 19.1.1991 holding the charges against the appellant workman to be proved. The Disciplinary Authority on a consideration of the materials on record available pe....
The disciplinary authority, ultimately terminated the services of the appellant with effect from 15th March, 1986. Pursuant to the aforesaid liberty when a fresh enquiry was held by the respondent Bank, no formal charge sheet was issued. The enquiring officer or the disciplinary authority however, did not supply the relevant documents to the appellant herein in order to enable him to defend himself in the enquiry proceeding which was conducted pursuant to the allegations mentioned in the aforesaid show-cause notice dated 16th July, 1984. Challenging the aforesaid order of t....
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