VidhiSangh

Supreme Court of India · 26/11/2021

UNION OF INDIA & ORS. versus RAM BAHADUR YADAV

[2021] 11 S.C.R. 275 · 2021 INSC 793

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld the setting aside of an RPF Head Constable’s dismissal without inquiry. Rule 161 required valid recorded reasons establishing why an inquiry was not reasonably practicable; merely repeating the rule and alleging collusion in theft did not suffice. The authorities produced no supporting file, and a confidential inquiry undermined their claim of impracticability. Given the employee’s retirement, the Court declined a fresh inquiry and sustained pensionary benefits and fifty per cent back wages on the particular facts.

Issues

  1. Whether dismissal without regular inquiry complied with Rule 161’s requirement of recorded reasons.
  2. Whether a fresh inquiry or interference with the fifty per cent back-wage award was appropriate after retirement.

Provisions considered

Held

Result

Civil appeal dismissed without costs. The High Court’s setting aside of dismissal, pensionary benefits and 50% back wages were sustained; no fresh inquiry was directed.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 275.