UOI Vs OM PRAKASH YADAV
Bench: H.L. DATTU,SWATANTER KUMAR
Case number: C.A. No.-007609-007609 / 2012
Diary number: 12254 / 2012
Advocates: SHREEKANT N. TERDAL Vs
RAVI PRAKASH MEHROTRA
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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.