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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL     APPEAL     NO.       7609         OF     2012   (SPECIAL LEAVE PETITION (C.)NO.19519 OF 2012)  

UNION OF INDIA & ORS. ... APPELLANTS

VERSUS

OM PRAKASH YADAV  ... RESPONDENT

O     R     D     E     R   

1. Leave granted.

2. This appeal is directed against the judgment and order passed  

by the Division Bench of the Calcutta High Court in F.M.A.No.1337 of  

2009, dated 25.8.2011.  By the impugned judgment and order, the High  

Court, while directing the Disciplinary Authority to consider the  

reply/representation that may be filed by the respondent herein to  

the second Show Cause Notice issued, has directed the Disciplinary  

Authority not to pass any order which would affect the pensionary  

benefits of the respondent.

3. The respondent was the petitioner before the High Court.  He  

had called in question the correctness or otherwise of the charge-

sheet, the report of the Enquiry Officer, as well as the second show  

cause notice issued by the Disciplinary Authority, without filing  

any objections/reply to the second Show Cause Notice. Learned Single  

Judge had allowed the Writ Petition and had quashed the enquiry  

proceedings initiated by the Disciplinary Authority.  

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4. The Union of India had carried the matter further by filing an  

appeal against the judgment and order passed by the leaned Single  

Judge.  The Division Bench, though, accepts all the contentions  

canvassed by the appellant(s) before it, in our opinion, very  

strangely directs the Disciplinary Authority not to pass any order  

which would affect the pensionary benefits of the respondent. In our  

view, by passing such an order, the High Court has literally stepped  

into the shoes of the Disciplinary Authority, which is  

impermissible.  It needs to be mentioned, that, the High Court in  

cases of departmental enquiries and the findings recorded therein  

does not exercise the powers of the appellate court/ authority.  It  

is settled law that imposition of punishment is within the power and  

discretion of the disciplinary authority.  It is not necessary to  

refer to the decisions on this topic.   

5. Therefore, while allowing the appeal filed by the Union of  

India, we set aside that portion of the order passed by the Division  

Bench of the High Court, wherein, it had stated that “any order  

passed by the Disciplinary Authority should not affect the  

pensionary benefits of the respondent.”

6. We permit the respondent to file his objections/ reply, if any,  

to the second Show Cause Notice within 15 days time from today.  If  

such objections/ reply is filed within the time granted, the  

Disciplinary Authority shall consider the same and pass appropriate  

orders in accordance with law, as expeditiously as possible, at any

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rate, within a month's time from the date of receipt of the  

objections/ reply.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; OCTOBER 17, 2012.