VidhiSangh

Supreme Court of India · 28/03/2025

THE STATE OF JHARKHAND & ORS. versus RUKMA KESH MISHRA

[2025] 3 S.C.R. 1254 · 2025 INSC 412

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Summary

The Jharkhand High Court quashed a civil servant's dismissal, ordered after a departmental inquiry and Cabinet approval, solely because the charge-sheet had not been separately approved by the Chief Minister, relying on B.V. Gopinath and Promod Kumar. The Supreme Court reversed: those decisions turned on rules expressly specifying who issues the charge-sheet, whereas Rule 55 of the 1930 Rules specified no such authority; a long line of precedent holds that Article 311(1) does not require the appointing or disciplinary authority to initiate proceedings or issue the charge-sheet unless the applicable rules so provide; and in any event the Chief Minister's approval of the proposal, which included the draft charge-sheet, amounted to approval of the charge-sheet.

Issues

  1. Whether the dismissal of the respondent from service was liable to be set aside on the ground that the charge-sheet had not been approved by the Chief Minister as the competent authority.
  2. Whether the decisions in Union of India v. B.V. Gopinath and State of Tamil Nadu v. Promod Kumar applied to a charge-sheet issued under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930.
  3. Whether Article 311(1) of the Constitution requires that disciplinary proceedings be initiated, or the charge-sheet issued, by the appointing or disciplinary authority.
  4. Whether approval of a proposal to initiate disciplinary proceedings that was placed before the Chief Minister along with the draft charge-sheet amounted to approval of the charge-sheet.
  5. Whether a writ petition challenging a dismissal order on a jurisdictional ground could be entertained without exhausting the departmental appeal or revision.

Provisions considered

Held

Result

Appeal allowed; the Division Bench's order and the Single Judge's judgment are set aside and the respondent's writ petition stands dismissed. The respondent is granted liberty to file an appeal or revision/memorial against the dismissal order under the applicable Rules within one month, to be decided on merits with the bar of limitation waived; all points other than the validity of the charge-sheet are kept open. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1254.