S.R. TEWARI Vs. UNION OF INDIA
LAWS(SC)-2013-5-65
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on May 28,2013

S.R. Tewari Appellant
VERSUS
UNION OF INDIA,R.K. SINGH Respondents





Cited Judgements :-

AMBIKA ROY VS. HONBLE SPEAKER, WEST BENGAL LEGISLATIVE ASSEMBLY [LAWS(CAL)-2022-4-17] [REFERRED TO]
JASWANT SINGH VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2016-2-83] [REFERRED TO]
MURLIDHAR VS. PRAKASH CHANDRA KASLIWAL [LAWS(RAJ)-2022-9-165] [REFERRED TO]
A J KHIMANI VS. STATE OF GUJARAT [LAWS(GJH)-2014-11-165] [REFERRED TO]
KUNHALI VS. TAHSILDAR [LAWS(KER)-2021-1-117] [REFERRED TO]
MANZOOR AHMAD BHAT VS. UNION OF INDIA AND ORS. [LAWS(J&K)-2015-9-3] [REFERRED TO]
ASHISH KUMAR DAS VS. NORTH EASTERN HILL UNIVERSITY [LAWS(MEGH)-2017-8-3] [REFERRED TO]
ATMA RAM VS. DAYA DEVI AND OTHERS [LAWS(HPH)-2018-7-85] [REFERRED TO]
PREM LAL AND OTHERS VS. PARVINDER SINGH AND OTHERS [LAWS(HPH)-2018-7-152] [REFERRED TO]
FULMATI CHOUDHARY VS. CENTRAL BANK OF INDIA [LAWS(CHH)-2019-7-10] [REFERRED TO]
R.K.BANJARE VS. UNION OF INDIA [LAWS(CHH)-2019-8-177] [REFERRED TO]
CHANDRA PAL SINGH TANWAR VS. HONBLE GOVERNOR, STATE OF MADHYA PRADESH [LAWS(CHH)-2021-7-88] [REFERRED TO]
NEETU SINGH MARKAM VS. STATE OF M.P. [LAWS(MPH)-2014-9-111] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-10-84] [REFERRED TO]
RUDRAPAL SINGH CHANDEL VS. STATE OF M P & OTHERS [LAWS(MPH)-2017-5-119] [REFERRED TO]
RAMESH RAM VS. UNION OF INDIA [LAWS(DLH)-2014-7-369] [REFERRED TO]
VINOD KUMAR VS. THE COMMISSIONER OF POLICE AND ORS. [LAWS(DLH)-2015-8-305] [REFERRED TO]
SHANKAR KUMAR VS. UNION OF INDIA [LAWS(DLH)-2015-1-189] [REFERRED TO]
RAJU VS. STATE OF U P [LAWS(ALL)-2014-1-439] [REFERRED TO]
CHANDRA KANT YADAV VS. STATE OF U P [LAWS(ALL)-2014-11-360] [REFERRED TO]
SHEIKH ABEDDIN VS. IQBAL AHMED [LAWS(DLH)-2022-9-167] [REFERRED TO]
HARI CHAND VS. UNION OF INDIA AND ORS. [LAWS(CA)-2014-7-73] [REFERRED TO]
M/S JAI MATA NAINA DEVI FILLING STATION VS. BHARAT PETROLEUM CORPORATION LTD. [LAWS(HPH)-2017-12-219] [REFERRED TO]
RAJINDER KUMAR AND ANOTHER VS. SUNDER LAL AND ANOTHER [LAWS(HPH)-2017-9-100] [REFERRED TO]
MAHINDER SINGH VS. GENERAL MANAGER (TELECOM) BSNL &AMP [LAWS(HPH)-2018-1-128] [REFERRED TO]
RAM PIARI VS. MANAGING DIRECTOR M/S COMPETENT AUTOMOBILES COMPANY LIMITED AND OTHERS [LAWS(HPH)-2018-4-168] [REFERRED TO]
NARESH KUMARI VS. GARIB DASS AND OTHERS [LAWS(HPH)-2018-7-50] [REFERRED TO]
SURAJ PAL SINGH RATHOR VS. M.P. HIGH COURT [LAWS(MPH)-2021-8-90] [REFERRED TO]
PRAKASH SINGH YADAV VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2017-1-101] [REFERRED TO]
S. MANOHARAN VS. THE SUPERINTENDENT OF PRISONS, CENTRAL PRISON, MADURAI AND THE DEPUTY INSPECTOR GENERAL OF PRISONS, MADURAI RANGE, MADURAI [LAWS(MAD)-2014-4-246] [REFERRED TO]
CONST. SUBHASH BABU VS. UNION OF INDIA [LAWS(DLH)-2014-2-142] [REFERRED TO]
ZAHIRUDDIN KHAN VS. STATE BANK OF INDIA [LAWS(PAT)-2017-5-107] [REFERRED TO]
JIBAN KRISHNA BANIK VS. TRIPURA GRAMIN BANK [LAWS(TRIP)-2016-3-94] [REFERRED]
RAJ KUMAR SINGH VS. COMMANDANT [LAWS(ALL)-2014-1-335] [REFERRED TO]
RANJIT SHARMA VS. GENERAL MANAGER PERSONNEL SERVICES UCO BANK [LAWS(ALL)-2014-8-282] [REFERRED TO]
SATYARAM PANDEY, S/O SRI SIDHANATH PANDEY, RESIDENT OF VILLAGE VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-9-100] [REFERRED TO]
JAYESH MEHTA SON OF SRI CHHABIL DAS C. MEHTA VS. DIGHWADIH, DISTRICT DHANBAD [LAWS(JHAR)-2015-12-17] [REFERRED TO]
RAGHUNANDAN YADAV VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-11-10] [REFERRED TO]
LAXMAN SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-6-18] [REFERRED TO]
KRISHNANKUTTY A. VS. KERALA STATE HUMAN RIGHTS COMMISSION [LAWS(KER)-2020-8-678] [REFERRED TO]
JOSE MATHEW VS. STATE OF KERALA [LAWS(KER)-2020-2-309] [REFERRED TO]
ANAMIKA SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-10-269] [REFERRED TO]
SAT PAL VS. UNION OF INDIA & ORS [LAWS(J&K)-2018-11-33] [REFERRED TO]
BAIDYANATH PAUL VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-12-3] [REFERRED TO]
ASIM KUMAR HAJRAH VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-12-62] [REFERRED TO]
DHARMENDRA KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-9-102] [REFERRED TO]
BALWINDER SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2016-3-17] [REFERRED TO]
RAJENDRA KUMAR DOHARE VS. STATE OF M.P. [LAWS(MPH)-2013-10-25] [REFERRED TO]
KANJI RAVARIA VS. ANIS ISMAIL KHOJA [LAWS(BOM)-2022-6-231] [REFERRED TO]
DDA VS. MOOL CHAND [LAWS(DLH)-2017-7-63] [REFERRED TO]
SHIV KARAN SINGH VS. GOVT. OF NCT OF DELHI & ORS. [LAWS(DLH)-2016-7-203] [REFERRED TO]
CONST VIRENDER VS. COMMISSIONER OF POLICE [LAWS(DLH)-2019-7-208] [REFERRED TO]
G D GOENKA PUBLIC SCHOOL VS. VINOD HANDA [LAWS(DLH)-2019-8-27] [REFERRED TO]
CHANDU VENKATESWARLU VS. UNION OF INDIA [LAWS(DLH)-2021-8-9] [REFERRED TO]
THOMSON REUTERS INDIA PRIVATE LIMITED VS. LD. PRESIDING OFFICER, LABOUR COURT [LAWS(DLH)-2021-9-293] [REFERRED TO]
BALWANT THAKUR VS. GENERAL MANAGER (TELECOM) BSNL &AMP [LAWS(HPH)-2018-1-130] [REFERRED TO]
STATE OF H P AND OTHERS VS. DINESH CHAUHAN AND OTHERS [LAWS(HPH)-2018-3-149] [REFERRED TO]
ARUNA NAND (DECEASED, REPRESENTED VS. SAT PAL [LAWS(HPH)-2019-5-114] [REFERRED TO]
RAM KRISHAN VS. BHUPESHWARI DEVI & ORS [LAWS(HPH)-2017-12-96] [REFERRED TO]
SANGAT RAM AND ANOTHER VS. HARSH KRISHAN [LAWS(HPH)-2017-12-107] [REFERRED TO]
SH.SANJAY SOOD VS. SMT.INDERJIT KAUR [LAWS(HPH)-2017-8-5] [REFERRED TO]
MUBARAK KHAN VS. ZILA SAHKARI KENDRIYA BANK MARYADIT DAMOH [LAWS(MPH)-2019-5-98] [REFERRED TO]
T.SRINIVASAM VS. UNION OF INDIA [LAWS(TLNG)-2022-3-12] [REFERRED TO]
AHALE SUNNATHWAL JAMATH JOGI MADAM VS. HAJI SYED IRFAN HUSSAIN SAHIB [LAWS(MAD)-2023-2-295] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. ANIL PADEGAONKAR [LAWS(SC)-2020-3-54] [REFERRED TO]
SAT NARAYAN KAUSHIK VS. COMMISSIONER OF POLICE AND ORS. [LAWS(DLH)-2015-8-297] [REFERRED TO]
RAM DAS PRASAD VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2013-8-171] [REFERRED TO]
DEPUTY GENERAL MANAGER, CANARA BANK AND ORS. VS. VINOD KUMAR [LAWS(ALL)-2014-12-211] [REFERRED TO]
BABLU KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-5-81] [REFERRED TO]
MOHAR SINGH VS. UNION OF INDIA [LAWS(DLH)-2019-8-239] [REFERRED TO]
U.O.I. VS. RAJESH KUMAR MEENA [LAWS(DLH)-2017-3-232] [REFERRED TO]
ARNAB BHATTACHARJEE VS. BENGAL CHEMICALS & PHARMACEUTICALS LTD. [LAWS(CAL)-2022-5-58] [REFERRED TO]
APURBA KANCHAN DEV ROY VS. STATE BANK OF INDIA [LAWS(CAL)-2024-12-2] [REFERRED TO]
CHENNAI BUNKERING TERMINAL PRIVATE LIMITED VS. BOARD OF TRUSTEES [LAWS(MAD)-2019-4-797] [REFERRED TO]
UNION OF INDIA VS. SHAMMI KUMAR AND ORS. [LAWS(J&K)-2015-4-15] [REFERRED TO]
UNION OF INDIA VS. JITENDRASINH BHAVANSINH JADEJA [LAWS(GJH)-2015-6-93] [REFERRED TO]
BANSO (DIED AND DELETED) VS. BIRSAY, S/O LIBDU [LAWS(CHH)-2019-2-36] [REFERRED TO]
VED PRAKASH AND ANOTHER VS. KRISHAN KUMAR GUPTA AND ANOTHER [LAWS(HPH)-2017-8-59] [REFERRED TO]
BHAGAT SINGH VS. SALIG RAM [LAWS(HPH)-2017-9-111] [REFERRED TO]
STATE OF H.P. AND OTHERS VS. ANANT RAM NEGI AND OTHERS [LAWS(HPH)-2018-7-20] [REFERRED TO]
SURESH KUMAR VS. STATE OF H.P. [LAWS(HPH)-2024-10-9] [REFERRED TO]
NIRMAL KUMAR GUPTA VS. THE MADHYA BIHAR GRAMIN BANK AND ORS. [LAWS(PAT)-2019-3-173] [REFERRED TO]
ASHOK KUMAR RAI @ ASHOK KUMAR SINGH VS. RAJENDRA SAH [LAWS(PAT)-2016-3-109] [REFERRED TO]
UNION OF INDIA AND ORS. VS. JALALUDEEN KHAN [LAWS(ALL)-2014-12-276] [REFERRED TO]
MAHENDRA KUMAR VS. UNION OF INDIA [LAWS(ALL)-2014-11-6] [REFERRED TO]
V. VIKRAMAN VS. UNION OF INDIA [LAWS(DLH)-2017-4-141] [REFERRED TO]
BRIJ MOHAN RASIWASIA VS. BUTNA DEVI [LAWS(DLH)-2022-10-208] [REFERRED TO]
BHAGWAN DEEN VS. UNION OF INDIA [LAWS(CA)-2014-1-46] [REFERRED TO]
UNION OF INDIA VS. SATPAL SINGH AND ORS [LAWS(DLH)-2016-7-473] [REFERRED]
COL. DEVINDER SEHRAWAT VS. SOUTH DELHI MUNICIPAL CORPORATION & ANR. [LAWS(DLH)-2016-8-36] [REFERRED TO]
CHRISTOPHER KUJUR VS. THE UNION OF INDIA, THROUGH THE SECRETARY [LAWS(JHAR)-2017-8-20] [REFERRED TO]
HEM BAHADUR LIMBU SON OF LATE U.D. LIMBU RESIDENT OF AT+P.O. RUPA, P.S. VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-1-74] [REFERRED TO]
KUMAR CHATTOPADHYAY VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-3-45] [REFERRED TO]
COMMISSIONER OF CENTRAL GOODS & SERVICE TAX, MILAN NAGAR VS. PAN PARAG INDIA LIMITED [LAWS(GAU)-2021-11-17] [REFERRED TO]
ANEET KUMAR VS. UNION OF INDIA [LAWS(GAU)-2024-9-16] [REFERRED TO]
DISTRICT DEVELOPMENT OFFICER VS. DALPATBHAI VALJIBHAI MAKWANA [LAWS(GJH)-2015-1-205] [REFERRED TO]
ANUJ SINGH VS. U.O.I. THRU. SECY. MINISTRY OF DEFENCE NEW DELHI [LAWS(ALL)-2023-4-32] [REFERRED TO]
RAJ KUMAR SAINI VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2017-4-263] [REFERRED TO]
MUSTAQ AHMAD VS. STATE OF U P [LAWS(ALL)-2015-2-110] [REFERRED TO]
VICE-CHANCELLOR, K.L.UNIVERSITY VS. MEKALA MARIAMMA [LAWS(APH)-2024-11-60] [REFERRED TO]
KRISHNA MAHADEVAN @ MAHADEVAN VS. K.R.MONIAMMA [LAWS(KER)-2019-12-400] [REFERRED TO]
GORELAL VS. SOUTH EASTERN COAL FIELDS LTD [LAWS(CHH)-2019-9-145] [REFERRED TO]
RAMESH BALAPPA PAMMAR VS. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED [LAWS(KAR)-2023-4-544] [REFERRED TO]
UNION OF INDIA VS. LT. COL. KULDEEP YADAV [LAWS(SC)-2019-9-94] [REFERRED TO]
JAYSHREE RAMAKANT KHADILKAR - PANDE VS. MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS. [LAWS(BOM)-2016-7-8] [REFERRED TO]
ABHILASHA JOSHI VS. CHAIRMAN & MANAGING DIRECTOR [LAWS(GJH)-2022-9-1806] [REFERRED TO]
BAL BHAGWAN VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2020-12-11] [REFERRED TO]
KAMLESH PRASAD VS. DISTRICT & SESSION JUDGE, DELHI [LAWS(DLH)-2022-9-189] [REFERRED TO]
DR. ARUN KUMAR, SON OF DR. RAMCHANDRA PRASAD SINHA, RESIDENT OF PREMA APARTMENT IN FRONT OF SRI KRISHNA ENCLAVE, NORTH OFFICE PARA, P.O. & P.S. DORANDA, DISTRICT RANCHI VS. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVT. OF JHARKHAND PROJECT BHAWAN, P.O. & P.S. DHURWA, DISTRICT [LAWS(JHAR)-2016-9-54] [REFERRED TO]
ANIL KUMAR VS. GOVERNMENT OF NCTD [LAWS(DLH)-2019-7-427] [REFERRED TO]
DTC VS. SAROOP SINGH [LAWS(DLH)-2017-9-102] [REFERRED TO]
GURNAM SINGH VS. UNION OF INDIA [LAWS(CA)-2015-1-18] [REFERRED TO]
JASBIR SINGH VS. U.T. CHANDIGARH [LAWS(CA)-2014-9-36] [REFERRED TO]
AKSHAY BABULAL CHAUHAN VS. UNION OF INDIA [LAWS(GJH)-2018-2-321] [REFERRED TO]
JAGPAL SINGH RATHI VS. UTTAR PRADESH STATE PUBLIC SERVICE TRIBUNAL & OTHERS [LAWS(ALL)-2017-3-26] [REFERRED TO]
D.JUSTIN VS. INSPECTOR GENERAL [LAWS(APH)-2024-6-34] [REFERRED TO]
S. AROCKIAM VS. DISTRICT ELEMENTARY EDUCATIONAL OFFICER [LAWS(MAD)-2017-6-209] [REFERRED TO]
STATE OF TAMIL NADU VS. TVL ASWIN COLOUR TRADERS [LAWS(MAD)-2018-4-599] [REFERRED TO]
S.KARTHIKEYAN VS. DEPUTY INSPECTOR GENERAL OF POLICE [LAWS(MAD)-2019-9-229] [REFERRED TO]
SRI GOUTAM BHATTACHARJEE VS. THE STATE OF WEST BENGAL & OTHERS [LAWS(CAL)-2016-8-11] [REFERRED TO]
STATE OF KERALA VS. MANAGER ST. ROCH'S HIGH SCHOOL [LAWS(KER)-2014-4-57] [REFERRED TO]
MOHAMMED SALEEM MALIK S/O SHRI UMAR ALI VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2017-5-187] [REFERRED TO]
RADHA RAMAN KULSHRETHA VS. STATE OF U.P. [LAWS(ALL)-2020-2-62] [REFERRED TO]
KAMAL KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-6-41] [REFERRED TO]
M/S GABION TECHNOLOGIES INDIA PVT. LTD. VS. M/S AMCON MASTER BUILDERS MISSARWALA [LAWS(HPH)-2017-7-50] [REFERRED TO]
GENERAL MANAGER (TELECOM) BSNL & ANR VS. BALWANT THAKUR [LAWS(HPH)-2018-1-54] [REFERRED TO]
JAGDISH CHAND VS. PIAR SINGH AND OTHERS [LAWS(HPH)-2018-5-18] [REFERRED TO]
VARINDER KUMAR VS. JATINDER MOHAN AND ANOTHER [LAWS(HPH)-2018-7-38] [REFERRED TO]
PANCH RAM AND OTHERS VS. PRITAM SINGH AND OTHERS [LAWS(HPH)-2018-8-39] [REFERRED TO]
GENERAL MANAGER (TELECOM) BSNL & ANR VS. MAHINDER SINGH [LAWS(HPH)-2018-1-55] [REFERRED TO]
SMT. HARDEV KAUR VS. SMT. JITTO AND OTHERS [LAWS(HPH)-2018-2-11] [REFERRED TO]
VINOD KUMAR VS. VIPIN KUMAR [LAWS(HPH)-2018-3-16] [REFERRED TO]
PRITHVI RAJ VS. NETAR SINGH AND OTHERS [LAWS(HPH)-2018-4-140] [REFERRED TO]
JAI MATA NAINA DEVI FILLING STATION VS. BHARAT PETROLEUM CORPORATION LTD & OTHERS [LAWS(HPH)-2017-12-55] [REFERRED TO]
SUKHA DEVI VS. SH PARITOSH CHAUHAN [LAWS(HPH)-2018-7-212] [REFERRED TO]
SOM NATH VS. HANDOOR EDUCATION SOCIETY [LAWS(HPH)-2016-10-49] [REFERRED TO]
VIJAY TRADERS VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-7-129] [REFERRED TO]
SHIVAJI EDUCATION SOCIETY, AMRAVATI VS. MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES [LAWS(BOM)-2017-6-54] [REFERRED TO]
VIBHA KUMARI VS. UNION OF INDIA [LAWS(DLH)-2015-4-54] [REFERRED TO]
RASHIDULLAH KHAN AND ORS. VS. GOVERNMENT OF NCT DELHI [LAWS(DLH)-2015-11-181] [REFERRED TO]
BORNALI SAIKIA VS. STATE BANK OF INDIA [LAWS(GAU)-2024-3-110] [REFERRED TO]
BALJEET SINGH VS. GOVERNMENT OF NCTD [LAWS(DLH)-2019-7-431] [REFERRED TO]
LALITMOHAN VS. PRAKASH [LAWS(BOM)-2023-3-82] [REFERRED TO]
ALL INDIA SERVICE ENGINEERS ASSOCIATION VS. UNION OF INDIA [LAWS(BOM)-2023-3-291] [REFERRED TO]
KISHORI OJHA W/O LATE VIRENDRA KUMAR OJHA & OTHERS VS. STATE OF U P THRU PRIN SECY HOME & OTHERS [LAWS(ALL)-2019-2-158] [REFERRED TO]
CANTONMENT BOARD MEERUT VS. ANUJ SINGH [LAWS(ALL)-2023-7-174] [REFERRED TO]
SHAKIL AHMAD VS. UNION OF INDIA [LAWS(ALL)-2022-11-29] [REFERRED TO]
NEERAJ KUMAR VS. NATIONAL INSTITUTE OF PHARMACEUTICAL & EDUCATIONAL RESEARCH (NIPER) AND ORS. [LAWS(P&H)-2015-4-100] [REFERRED TO]
SUKHLAL SINGH VS. INDIAN OVERSEAS BANK AND ORS. [LAWS(P&H)-2015-7-33] [REFERRED TO]
EXECUTIVE DIRECTOR, CANARA BANK HEAD OFFICE VS. A C PERIYASWAMY [LAWS(MAD)-2017-2-487] [REFERRED TO]
COCHIN PORT TRUST VS. A. V. POULOSE [LAWS(KER)-2019-8-39] [REFERRED TO]
SHRI ACHOM THAMBALNGOU SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-6-1] [REFERRED TO]
ADDITIONAL DIRECTOR GENERAL VS. ITS MY NAME PVT. LTD. [LAWS(DLH)-2020-6-32] [REFERRED TO]
PYRAMID LAND DEVELOPERS VS. SHIVNARAYAN ACCHAIBAR SINGH [LAWS(BOM)-2024-12-58] [REFERRED TO]
KHUBHI RAM VS. M/S. ASHOK LEYLAND LTD. [LAWS(DLH)-2017-11-350] [REFERRED TO]
STATE OF H.P. VS. ASHWANI KUMAR [LAWS(HPH)-2025-3-2] [REFERRED TO]
AJAY KUMAR VS. RADHA SWAMI SATSANG BEAS AND ANOTHER [LAWS(HPH)-2017-12-113] [REFERRED TO]
SH. JASWANT SINGH VS. STATE OF H.P. [LAWS(HPH)-2018-1-142] [REFERRED TO]
BHANDARU RAM VS. KISHAN LAL [LAWS(HPH)-2018-3-15] [REFERRED TO]
KUSUM SOOD AND ANOTHER VS. M/S KAPOOR PALACE (PVT.) LIMITED AND OTHERS [LAWS(HPH)-2018-3-73] [REFERRED TO]
SH HEM RAJ VS. DHARMESHWAR KUMAR & ORS [LAWS(HPH)-2018-4-55] [REFERRED TO]
NAROTAM CHAND VS. KASHMIR SINGH AND OTHERS [LAWS(HPH)-2018-6-87] [REFERRED TO]
SHARADA NANASAHEB PATIL VS. APPASO JIVAPPA CHOUGULE [LAWS(BOM)-2019-9-190] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M P [LAWS(MPH)-2015-4-228] [REFERRED TO]
ANIL SINGH BHADORIYA VS. UNION OF INDIA AND OTHERS [LAWS(MPH)-2018-2-381] [REFERRED TO]
RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-3-90] [REFERRED TO]
UNION OF INDIA VS. P. BALASUBRAHMANAYAM [LAWS(SC)-2021-3-21] [REFERRED TO]
KISHOREBHAI Y SONAR VS. STATE OF GUJARAT THRO THE SECRETARY [LAWS(GJH)-2016-7-205] [REFERRED TO]
K.G. DAVE VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2016-3-251] [REFERRED TO]
VINUBHAI JIVRAMDAS PATEL VS. GUJARAT HOUSING BOARD [LAWS(GJH)-2015-10-221] [REFERRED]
TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD VS. S CHELLIAH [LAWS(MAD)-2018-4-605] [REFERRED TO]
STATE OF KERALA VS. RAHUL T. [LAWS(KER)-2020-3-588] [REFERRED TO]
BISHRAM YADAV VS. STATE OF MIZORAM [LAWS(GAU)-2018-2-100] [REFERRED TO]
ASHISH KUMAR GOON VS. CANARA BANK [LAWS(GAU)-2013-9-10] [REFERRED TO]
N. SANYASI RAJU VS. BOARD OF DIRETPRS, M/S. HINDUSTAN SHIPYARD LTD., VISAKHAPATNAM AND OTHERS [LAWS(APH)-2016-12-61] [REFERRED TO]
ROHIT N VASAWADA VS. INDIAN FARMERS FERTILIZER CO-OP LTD & ANOTHER [LAWS(GJH)-2014-3-164] [REFERRED TO]
SHAIKH ALLAHWALA VS. SAYYAD NIGAH ALI [LAWS(BOM)-2023-3-26] [REFERRED TO]
MAHESH K. VS. THE UNION GOVERNMENT AND ORS. [LAWS(KAR)-2015-6-151] [REFERRED TO]
RAMESH CHENNAMANENI VS. UNION OF INDIA [LAWS(TLNG)-2024-12-36] [REFERRED TO]
RAMESH CHAND MEWADE VS. HIGH COURT OF MADHYA PRADESH [LAWS(MPH)-2019-5-144] [REFERRED TO]
COMMISSIONER OF CUSTOMS & CENTRAL EXCISE VS. M/S. HINDUSTAN CONSTRUCTION COMPANY LTD. [LAWS(MAD)-2017-12-123] [REFERRED TO]
M/S AMCON MASTER BUILDERS MISSARWALA VS. M/S GABION TECHNOLOGIES INDIA PVT. LTD. [LAWS(HPH)-2017-7-161] [REFERRED TO]
MALKIAT SINGH & OTHERS VS. DARSHAN SINGH AND OTHERS [LAWS(HPH)-2017-8-118] [REFERRED TO]
DUTCH PRINTER VS. UNITED HIMALAYAN INDUSTRIES [LAWS(HPH)-2017-8-126] [REFERRED TO]
JASWANT SINGH VS. STATE OF H P [LAWS(HPH)-2018-1-148] [REFERRED TO]
DEV VRAT MISHRA VS. STATE OF M P [LAWS(MPH)-2016-8-188] [REFERRED]
POORANSINGH SISODIA VS. HIGH COURT OF M.P. AND OTHERS [LAWS(MPH)-2016-9-43] [REFERRED TO]
NAGARAJA SETTY D. VS. INDIAN BANK [LAWS(KAR)-2024-3-30] [REFERRED TO]
NAR SINGH BAHADUR SINGH VS. STATE OF UP [LAWS(ALL)-2014-11-7] [REFERRED TO]
RAJEEV SAXENA VS. CHIEF GENERAL MANAGER, BANK OF BARODA & ORS [LAWS(DLH)-2018-3-182] [REFERRED TO]
NARESH KUMAR GUPTA VS. CANARA BANK [LAWS(DLH)-2017-7-141] [REFERRED TO]
S.K. DAS VS. UNION OF INDIA & ORS. [LAWS(DLH)-2017-1-217] [REFERRED TO]
BINOD KUMAR MANDAL VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-4-44] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
DAMODAR LAL VS. SOHAN DEVI [LAWS(SC)-2016-1-6] [REFERRED TO]
BHARAT BHANDARI VS. RAKSHMA TEWARI AND ORS. [LAWS(ALL)-2016-4-213] [REFERRED]
G. SREEDHARAN VS. UNION OF INDIA AND ORS. [LAWS(KER)-2016-3-43] [REFERRED TO]
JASWANT SINGH VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-1-67] [REFERRED TO]
UPENDRA R SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-149] [REFERRED TO]
KULWANT MALIK VS. STATE OF U P [LAWS(ALL)-2015-5-278] [REFERRED TO]
PARAS NATH TIWARI VS. STATE OF UP [LAWS(ALL)-2015-2-101] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted in SLP(C) Nos. 22263-22264 of 2012.
(2.)These appeals have been preferred against the judgment and order dated 15.2.2012 of the High Court of Delhi passed in Review Petition No.102 of 2012; and the order dated 1.2.2012 in Writ Petition No. 4207 of 2011. By way of this order the High Court has allowed the writ petition filed by the Union of India respondent no.1 against the order of the Central Administrative Tribunal (hereinafter called the 'Tribunal'), raising a very large number of grievances. The appellant was running from pillar to post as he had been harassed and penalised for no fault of his own and has been awarded a punishment which is uncalled for. Thus, he had moved the Tribunal, High Court of Delhi and this Court several times.
(3.)Facts and circumstances giving rise to these appeals and contempt petitions are as under:-
A. The appellant, an IPS Officer of 1982 batch joined the service on 1.9.1982, promoted on the post of Deputy Inspector General (D.I.G.), and subsequently as Inspector General of Police (I.G.) in his cadre of the State of Andhra Pradesh in May 2001. The appellant was on deputation and was posted as I.G., Frontier Head Quarters, Border Security Force (BSF) (North Bengal) from 23.6.2005 to 14.11.2006.

B. The appellant was put under suspension vide order dated 13.11.2006 as the disciplinary authority decided to hold disciplinary proceedings. As a consequence thereof, a charge sheet dated 23.3.2007 containing 8 charges was served upon him. The appellant denied all the said charges and therefore, an Inquiry Officer was appointed. The Department examined a large number of witnesses and produced documents in support of its case. The appellant also defended himself and the Inquiry Officer submitted the report dated 23.12.2008 holding him guilty, as charge no.3 stood proved fully while charge nos.4 and 6 stood proved partly.

C. The Disciplinary Authority did not agree with one of the findings recorded by the Inquiry Officer on one charge and held that charge no.4 was proved fully. In response to the show cause notice issued to the appellant by the Disciplinary Authority, he submitted a detailed representation against the disagreement note by the Disciplinary Authority on 10.11.2009.

D. On being sought, the Union Public Service Commission (hereinafter referred to as 'UPSC') gave its advice regarding the punishment on 20.8.2010. The Central Vigilance Commission (hereinafter referred to as 'CVC') also gave its advice in respect of the charges against the appellant on 18.2.2009. After considering all the material, the Disciplinary Authority passed the order of punishment of dismissal from service on 8.9.2010.

E. Aggrieved, the appellant challenged the said order of dismissal by filing OA No.3234 of 2010 before the Tribunal. It was contested and opposed by respondent no.1. The Tribunal set aside the order of punishment dated 8.9.2010 vide judgment and order dated 11.2.2011 and directed for reinstatement of the appellant in service with all consequential benefits.

F. Aggrieved, respondent no.1, Union of India challenged the said order of the Tribunal by filing Writ Petition (C) No.4207 of 2011 before the High Court of Delhi. The High Court vide its judgment and order dated 1.2.2012 set aside the judgment and order dated 11.2.2011, passed by the Tribunal and directed respondent no.1 to pass a fresh order in respect of charge nos.4 and 6 as in the opinion of the High Court only the said two charges stood proved.

G. Appellant filed Review Petition No. 102 of 2012 against the order dated 1.2.2012, however, the same was rejected vide order dated 15.2.2012.

H. Aggrieved, respondent no.1 filed SLP(C) No.14639 of 2012, challenging the said order of the High Court of Delhi dated 1.2.2012.

However, the same was dismissed by this Court on 9.5.2012.

I. The appellant challenged the same order of the High Court dated 1.2.2012 by filing these appeals. In the meanwhile, respondent no.1 re-instated the appellant on 23.5.2012 and tentatively formed a decision to impose a suitable penalty on the said two charges in view of the order of the High Court dated 1.2.2012, a penalty of withholding two increments for one year without cumulative effect. The respondent no.1 sought advice from the UPSC, which vide letter dated 13.8.2012 advised that the appellant be compulsorily retired. The advice given by the UPSC was served upon the appellant and he was asked to make a representation on the same.

In the meanwhile, this Court vide order dated 5.10.2012 asked the appellant to file a detailed representation before respondent no.1, who was asked in turn to pass a speaking and reasoned order within a stipulated period in respect of the punishment. However, the order of punishment would not be given effect to immediately and the same would be placed before this Court on the next date of hearing. In pursuance thereof, the appellant submitted the representation on 5.10.2012. Respondent no.1 vide order dated 17.10.2012 passed the order imposing the punishment of compulsory retirement. The said order was given effect to and communicated to the appellant vide letter dated 19.11.2012.

J. Thus, the questions that arise for consideration of this Court are whether the punishment of compulsory retirement awarded by the Disciplinary Authority is proportionate to the delinquency proved and whether the respondents in the contempt petitions wilfully violated the order dated 5.10.2012 passed by this Court holding that the punishment should not be given effect to until it is produced before the court at the time of the next hearing.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.