VidhiSangh

Supreme Court of India · 18/07/2024

DELHI TRANSPORT CORPORATION versus ASHOK KUMAR SHARMA

[2024] 7 S.C.R. 1175 · 2024 INSC 564

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Summary

The Supreme Court upheld the setting aside of a Delhi Transport Corporation officer's dismissal because the Board's resolution approving the penalty showed no independent application of mind to the enquiry report and no hearing, and the enquiry report itself rested on no evidence since the department examined no witness.

Issues

  1. Whether the Board of Directors, as disciplinary authority, validly approved the show cause notice ex post facto and imposed dismissal without an independent application of mind to the enquiry report.
  2. Whether an enquiry report in which the department examined no witness and proved no admitted document could sustain a major penalty.

Provisions considered

Held

Result

Appeal dismissed; the Tribunal's order setting aside the dismissal, as affirmed by the High Court, upheld; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1175.