UNION OF INDIA Vs. HASMUKHBHAI HIRABHAI RANA
LAWS(SC)-2006-11-58
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on November 23,2006

UNION OF INDIA Appellant
VERSUS
HASMUKHBHAI HIRABHAI RANA Respondents





Cited Judgements :-

SUNIL KUMAR GUPTA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-9-79] [REFERRED TO]
PUNJAB NURSES REGISTRATION COUNCIL, MOHALI VS. GULSHAN BIR KAUR AND OTHERS [LAWS(P&H)-2008-3-265] [REFERRED]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Appellants call in question legality of the judgment rendered by a Division Bench of the Gujarat High Court dismissing the writ petition filed by the appellants-Union of India and its functionaries. The orders passed by the Central Administrative Tribunal, Ahmedabad Bench (in short the CAT) in the Original Application No. 170 of 1997 and Review Application No. 32 of 2003 were upheld. The only issue which was raised by the Union of India was that CAT was not justified in holding that the order of dismissal was passed by an authority lower in rank than the appointing authority.
(3.)The factual position in a nutshell is as follows:
On 1.1.1990 a letter was issued to the respondent informing him that on successful completion of the course which included successful completion of practical training on division and on the respondent passing the prescribed Hindi test he may be offered an appointment in the temporary cadre on the regular scales of pay. Subsequently after the completion of training, on 13.6.1990 a letter was issued by the Divisional Commercial Manager (in short the DCM) Vadodara. A charge sheet was issued on 1.6.1993 making allegations like misappropriation. Liberty was granted to the respondent to make submissions in respect of the charges and after an enquiry the DCM passed an order of penalty of removal from service. Respondent filed an appeal before the Appellate Authority. The Senior Divisional Commercial Manager, Vadodara, the Appellate Authority dismissed the appeal. A revision petition was filed. The Revisional Authority i.e. ADRM also dismissed the revision. A petition was filed before CAT praying to set aside and for quashing the order of removal. A reply was submitted by present appellants. It was stated that the respondent has been rightly removed from service. The Tribunal held that an authority lower than the appointing authority passed the order for removal from service. The DCM and Senior DCM who had acted as disciplinary authority as well as the Appellant Authority were lower in rank than the appointing authority. Accordingly the order was quashed. As noted above the writ petition filed before the High Court was dismissed.



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