STATE OF HARYANA Vs. OM PRAKASH CONSTABLE
LAWS(SC)-1990-4-21
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 11,1990

STATE OF HARYANA Appellant
VERSUS
Om Prakash Constable Respondents


Cited Judgements :-

AIR INDIA LIMITED VS. M YOGESHWAR RAJ [LAWS(SC)-2000-5-93] [REFERRED]


JUDGEMENT

- (1.)The State of Haryana is in appeal by special leave. Grievance is made by counsel that the High court in second appeal reversed the concurrent findings of the two courts below and held that the punishing authority was not entitled to take into consideration allegations beyond that the respondent had been charged for in the disciplinary proceedings in formulating the order of punishment.
(2.)The facts in the case are:
The respondent who was a head constable had received some complaint which he was to enquire into. He did not take any action and took the stand that he had not received the complaint. He was charged in the disciplinary proceedings for negligence and carelessness but he was not put to notice of the allegation that the respondent had fabricated the record for support of his stand of non-receipt of the complaint. The High court has taken the view that the punishing authority was not entitled to take that into consideration while imposing punishment of reduction in rank. It was possible in the present facts to take the view that the fact of fabrication was not intricately connected with the charges and perhaps no separate notice was necessary but it is difficult for us to say that the high court was wrong in its view that the punishing authority should have put the respondent to notice that he was proposing to take that conduct of the respondent into consideration while imposing punishment. We, therefore, do not interfere with the judgment of the High court and dismiss the appeal. No costs.

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