VidhiSangh

Supreme Court of India · 06/07/2022

UNION OF INDIA AND ORS. versus SHARVAN KUMAR

[2022] 19 S.C.R. 445 · 2022 INSC 1307

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Summary

A railway locomotive driver who overshot a signal in 2005 was removed from service; the penalty was later reduced in appeal. The Central Administrative Tribunal quashed the orders in 2010 because the disciplinary authority had been a member of the joint enquiry team, directed a fresh decision by another authority and said the exercise 'be completed within two months'. An application for more time was dismissed on a technical ground and the new disciplinary authority removed the driver in February 2011. Without appealing, he returned to the Tribunal contending the proceedings had abated; the Tribunal disagreed but gave him liberty to appeal. The Calcutta High Court held the removal a nullity, ordered reinstatement with 50% back wages and passed strictures on the officer. The Supreme Court set the High Court's order aside and restored the Tribunal's.

Issues

  1. Whether disciplinary proceedings become a nullity or abate when the disciplinary authority decides after the period fixed by the Tribunal in a remand order that specified no consequence of default, and after an application for extension was dismissed.
  2. Whether an employee may bypass the statutory appeal on the premise that the order is a nullity, and whether strictures against the disciplinary authority were warranted.

Provisions considered

Held

Result

Appeal allowed to the extent indicated; the Calcutta High Court's judgment of 30.08.2013 in WPCT No. 330 of 2013 set aside and the Central Administrative Tribunal's order of 21.06.2013 restored, with liberty to the respondent to appeal within 30 days; the order of 14.08.2015 on 50% back wages made absolute and the security discharged. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 445.