VidhiSangh

Supreme Court of India · 25/07/2025

UNION OF INDIA & ORS. versus R. SHANKARAPPA

[2025] 7 S.C.R. 1622 · 2025 INSC 898

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Summary

Disciplinary charge-sheets for major penalties against a Group B telecom engineer had been issued by the General Manager, an authority competent to impose only minor penalties, and the High Court quashed the proceedings relying on B.V. Gopinath. The Court held that Rule 13(2) read with Rule 14 and Appendix 3 of the CCS (CCA) Rules, 1965 expressly permits an authority competent to impose minor penalties to institute proceedings for major penalties, that Gopinath turned on a departmental office order requiring ministerial approval which has no counterpart in the Department of Telecommunications, and restored the Tribunal's dismissal of the employee's challenge.

Issues

  1. Whether a charge-sheet under Rule 14 of the CCS (CCA) Rules, 1965 for a major penalty, issued by a disciplinary authority competent to impose only minor penalties, is void for want of approval by the authority competent to impose major penalties.
  2. Whether the ratio of Union of India v. B.V. Gopinath governs disciplinary proceedings in the Department of Telecommunications.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 18.11.2022 in Writ Petition No. 14475 of 2022 set aside; the disciplinary proceedings initiated under the two charge memos issued by the Principal General Manager, BGTD, Bengaluru in 2006 and 2008 held to have been validly initiated.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1622.