UNION OF INDIA Vs. R.P. SINGH
LAWS(SC)-2014-5-45
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
May 22,2014
UNION OF INDIA
Appellant
VERSUS
R.P. SINGH
Respondents
Referred Judgements :-
STATE OF UTTAR PRADESH MANBODHAN LAL SRIVASTAVA VS. MANBODHAN LAL SRIVAITAVA:STATE OF UTTAR PRADESH [REFERRED TO]MUNICIPAL CORPORATION INDORE VS. RATNAPRABHA [REFERRED TO]
UNION OF INDIA PRITHIPAL SINGH RAM MEHAR RAJ KUMAR DELHI CATTLE BREEDING FARMS PRIVATE LIMITED VS. RAGHUBIR SINGH :UNION OF INDIA [REFERRED TO]
STATE BANK OF INDIA VS. D C AGGARWAL [REFERRED TO]
MANAGING DIRECTOR ECIL HYDERABAD VS. B KARUNAKAR [REFERRED TO]
INDIAN OIL CORPORATION LIMITED VS. MUNICIPAL CORPORATION [REFERRED TO]
UNION OF INDIA VS. T V PATEL [REFERRED TO]
UNION OF INDIA VS. S K KAPOOR [REFERRED TO]
NARULA S. N. VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
ANANT HANUMANT ULAHALKAR AND ANR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-39] [REFERRED TO]AMITABH SINGH VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-2-120] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-10-84] [REFERRED TO]
SUBALA SAHOO VS. PRASANNA ACHARYA [LAWS(ORI)-2015-10-15] [REFERRED TO]
TUKUNI SAHU VS. SURENDRA SINGH BHOI [LAWS(ORI)-2015-2-4] [REFERRED TO]
G KANAKARAJ VS. COMMISSIONER,CORPORATION OF CHENNAI [LAWS(MAD)-2017-12-273] [REFERRED TO]
UNION OF INDIA AND ORS. VS. MAYA RAM AND ORS. [LAWS(P&H)-2015-10-154] [REFERRED TO]
ANANT H. ULAHALKAR & ANR. VS. CHIEF ELECTION COMMISSIONER AND ORS. [LAWS(BOM)-2016-12-162] [REFERRED TO]
SH. C. LALZARLIANA VS. STATE OF MIZORAM & ANR. [LAWS(GAU)-2016-5-135] [REFERRED TO]
K.M. CHIKKATHAYAMMA AND ORS. VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2016-3-75] [REFERRED TO]
PROF. M. K. SURAPPA VS. JOINT SECRETARY [LAWS(MAD)-2022-2-259] [REFERRED TO]
UNION OF INDIA AND ANOTHER VS. MAYA RAM AND OTHERS [LAWS(P&H)-2015-9-495] [REFERRED TO]
ANANDA HARI JAMATIA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-4-50] [REFERRED TO]
UNION OF INDIA AND 3 ORS VS. MD NAZIMUDDIN ANSARI AND ANR [LAWS(GAU)-2018-2-26] [REFERRED TO]
UNION OF INDIA AND ORS. VS. M. SREENIVASAN AND ORS. [LAWS(KER)-2015-6-10] [REFERRED TO]
S. I. CHAUDHARI VS. STATE OF GUJARAT [LAWS(GJH)-2017-8-59] [REFERRED TO]
P. S. RANBHAN VS. STATE OF GUJARAT THROUGH PRINCIPAL SECRETARY [LAWS(GJH)-2017-11-182] [REFERRED TO]
MOHD. SAQUB NAQI VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2017-11-294] [REFERRED TO]
JAI MANGAL RAM VS. STATE OF U.P. [LAWS(ALL)-2023-12-36] [REFERRED TO]
LALREMPUII FANAI VS. STATE OF MIZORAM [LAWS(GAU)-2022-3-127] [REFERRED TO]
S.R.DAMOR VS. STATE OF GUJARAT [LAWS(GJH)-2017-9-158] [REFERRED TO]
REDDYS FORMULATIONS TECHOPS-II, CHANDANAGAR, HYDERABAD VS. GOVT OF TELANGANA [LAWS(APH)-2014-11-28] [REFERRED TO]
SHER MOHAMMED VS. HIMACHAL ROAD TRANSPORT CORPORATION AND ORS. [LAWS(HPH)-2015-9-11] [REFERRED TO]
N CHAKHAI VS. STATE OF MIZORAM [LAWS(GAU)-2016-5-127] [REFERRED]
K.P.MANU VS. CHAIRMAN [LAWS(SC)-2015-2-76] [REFERRED TO]
KARMA BHUTIA VS. UNION OF INDIA [LAWS(MANIP)-2022-10-5] [REFERRED TO]
STATE OF GUJARAT VS. H.C. MODY [LAWS(GJH)-2024-4-10] [REFERRED TO]
STATE OF TAMIL NADU VS. S SENTHIL [LAWS(MAD)-2017-7-389] [REFERRED TO]
M SEKARAN VS. SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, FORT ST GEORGE, CHENNAI [LAWS(MAD)-2017-9-225] [REFERRED TO]
K. V. DESAI VS. STATE OF GUJARAT [LAWS(GJH)-2022-3-946] [REFERRED TO]
R.J. SOLANKI VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2016-2-170] [REFERRED TO]
N CHAKHAI VS. STATE OF MIZORAM & 2 OTHERS [LAWS(GAU)-2018-5-53] [REFERRED TO]
SMT RADHI RANEY VS. NANKI FEROZE [LAWS(APH)-2017-11-60] [REFERRED TO]
UNION OF INDIA, THROUGH SECRETARY VS. D D RAUT [LAWS(BOM)-2018-2-296] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M P [LAWS(MPH)-2015-4-228] [REFERRED TO]
GOVT. OF NCT OF DELHI AND ORS. VS. B.D. GUPTA [LAWS(DLH)-2015-4-346] [REFERRED TO]
KRISHNA SOBTI VS. STATE [LAWS(DLH)-2016-5-237] [REFERRED TO]
RAJPAL SINGH VS. UOI AND ORS. [LAWS(DLH)-2016-3-39] [REFERRED TO]
EXECUTIVE DIRECTOR VS. RUKMAN SON OF LATE DULARAM MOTWANI [LAWS(GJH)-2019-1-223] [REFERRED TO]
RONGURA, VS. STATE OF MIZORAM [LAWS(GAU)-2020-10-17] [REFERRED TO]
N. CHAKHAI VS. STATE OF MIZORAM [LAWS(GAU)-2017-5-83] [REFERRED TO]
GAUTAM DHAR VS. STATE BANK OF INDIA [LAWS(MEGH)-2019-6-30] [REFERRED TO]
IN RE VS. L&T ELECTRICALS AND AUTOMATION LIMITED [LAWS(NCLT)-2017-2-42] [REFERRED TO]
SHIVSHANKAR JIVRAM PANDYA VS. STATE OF GUJARAT [LAWS(GJH)-2019-9-263] [REFERRED TO]
VISHNU PRASAD MALVIYA VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2017-12-266] [REFERRED TO]
HARISH TIWARI VS. STATE OF MADHYA PRADESH AND OTHERS [LAWS(MPH)-2017-8-217] [REFERRED TO]
HARISH KUMAR TIWARI VS. STATE OF M P AND OTHERS [LAWS(MPH)-2017-9-65] [REFERRED TO]
RAJ VEER SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-5-120] [REFERRED TO]
BAL KISHAN VS. UNION OF INDIA [LAWS(DLH)-2017-3-113] [REFERRED TO]
K. KATHIRESAN VS. THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL AND ORS. [LAWS(MAD)-2015-2-91] [REFERRED TO]
SATINDER SINGH BAJWA VS. PUNJAB AND HARYANA HIGH COURT [LAWS(P&H)-2017-10-13] [REFERRED TO]
HARAK CHAND DANGI VS. STATE OF RAJ. [LAWS(RAJ)-2015-1-98] [REFERRED TO]
S. SENGUTTUVAN VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2023-11-149] [REFERRED TO]
RAM LAL VS. STATE OF H.P [LAWS(HPH)-2023-9-5] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M.P. [LAWS(MPH)-2014-11-168] [REFERRED TO]
DUSHYANT DANG VS. JAIRAM DAS VERMA [LAWS(CHH)-2017-12-4] [REFERRED TO]
MAJID GAFFAR KHAN VS. APPELLATE AUTHORITY/SECR SUGAR INDUSTRIES & CANE [LAWS(ALL)-2014-10-195] [REFERRED TO]
DEBABRATA DAS VS. STATE OF ODISHA [LAWS(ORI)-2022-4-116] [REFERRED TO]
JUDGEMENT
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(1.)Calling in question the legal defensibility of the judgment and order dated 19.01.2007 passed by the High Court of Delhi in W.P.(C)No.16104 of 2004 whereby it has annulled the judgment and order dated 28.06.2004 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the tribunal") in O.A.No.1977 of 2003 and the order dated 19.08.2004 declining to entertain the review, the present appeal has been preferred by special leave.
(2.)The respondent while serving as an Assistant Engineer (Civil) in the Central Public Works Department (CPWD) was proceeded in a departmental proceeding in respect of two charges which read as follows:
"(a) 540 bags of cement were got issued for the above stated work from the Central Stores on 31.3.97. The said Shri R.P.Singh allowed Shri N.K.Sarin, Junior Engineer to issue 89 bags of cement within 24 hours of receipt of the cement from the Central Stores without giving any written permission to the Junior Engineer and without authenticating the said issue of cement, thereby violating the instructions contained in Para 3(d) of memorandum No.DGW/CON/67 dated 6.5.94.
(b) Out of the above stated lot of 540 bags of cement of "Superplus Jaypee" brand, 82 bags of cement were found short, which had been pilfered with connivance of the said Shri R.P.Singh, Assistant Engineer."
(3.)As the delinquent officer refuted the charges, an Inquiry Officer was appointed to conduct the inquiry and in the inquiry, he found the charges levelled against the delinquent officer were not proven and, accordingly, he submitted the Inquiry Report. The disciplinary authority after expressing the disagreement, called for a representation from the respondent communicating the Inquiry Report as well as the opinion for disagreement requiring him to submit his explanation. The respondent submitted his explanation and thereafter the disciplinary authority sought advice from the Union Public Service Commission (UPSC) by proposing to impose penalty of reduction of pay by two stages in the time scale of pay of the charged officer for a period of two years without cumulative effect. The UPSC vide letter No. F.3/144/2002-SI dated 20.11.02 gave the advice to impose penalty of reduction of pay by two stages in the time scale of pay of the charged officer for a period of two years without cumulative effect. After obtaining the advice from the UPSC, the disciplinary authority accepted the same, passed an order of punishment and communicated the same to the respondent along with the advice of UPSC.
(2.)The respondent while serving as an Assistant Engineer (Civil) in the Central Public Works Department (CPWD) was proceeded in a departmental proceeding in respect of two charges which read as follows:
"(a) 540 bags of cement were got issued for the above stated work from the Central Stores on 31.3.97. The said Shri R.P.Singh allowed Shri N.K.Sarin, Junior Engineer to issue 89 bags of cement within 24 hours of receipt of the cement from the Central Stores without giving any written permission to the Junior Engineer and without authenticating the said issue of cement, thereby violating the instructions contained in Para 3(d) of memorandum No.DGW/CON/67 dated 6.5.94.
(b) Out of the above stated lot of 540 bags of cement of "Superplus Jaypee" brand, 82 bags of cement were found short, which had been pilfered with connivance of the said Shri R.P.Singh, Assistant Engineer."
(3.)As the delinquent officer refuted the charges, an Inquiry Officer was appointed to conduct the inquiry and in the inquiry, he found the charges levelled against the delinquent officer were not proven and, accordingly, he submitted the Inquiry Report. The disciplinary authority after expressing the disagreement, called for a representation from the respondent communicating the Inquiry Report as well as the opinion for disagreement requiring him to submit his explanation. The respondent submitted his explanation and thereafter the disciplinary authority sought advice from the Union Public Service Commission (UPSC) by proposing to impose penalty of reduction of pay by two stages in the time scale of pay of the charged officer for a period of two years without cumulative effect. The UPSC vide letter No. F.3/144/2002-SI dated 20.11.02 gave the advice to impose penalty of reduction of pay by two stages in the time scale of pay of the charged officer for a period of two years without cumulative effect. After obtaining the advice from the UPSC, the disciplinary authority accepted the same, passed an order of punishment and communicated the same to the respondent along with the advice of UPSC.
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