VidhiSangh

Supreme Court of India · 17/03/2020

BHARAT PETROLEUM CORPORATION LIMITED AND OTHERS versus ANIL PADEGAONKAR

[2020] 5 S.C.R. 201 · 2020 INSC 295

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Summary

The Supreme Court upheld BPCL’s disciplinary discharge, holding that the High Court wrongly treated it as dismissal and consequently misidentified the competent authority. Under the applicable rules and unrepealed delegation manual, the Deputy General Manager could initiate proceedings for a penalty short of dismissal. The Court set aside directions for fresh proceedings and reinstatement; questions of back wages and proportionality concerning the other charge became academic.

Issues

  1. Whether the employee had been dismissed or discharged for purposes of identifying disciplinary competence.
  2. Whether the delegation manual authorised the DGM to issue the charge-sheet.
  3. Whether fresh proceedings, reinstatement or back-wage issues survived.

Held

Result

Corporation’s appeal allowed and employee’s appeal dismissed; discharge left undisturbed and the contrary remedial directions set aside. No costs.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 201.