Case Note & Summary
The case involved Ishwar Singh, a constable-driver, who was dismissed from service due to a one-day delay in reporting for duty, which he attributed to the death of his father. After his dismissal, Singh challenged the decision through various statutory authorities, including the Central Administrative Tribunal, which dismissed his application as time-barred. The High Court upheld this dismissal, stating that Singh had not acted expeditiously in seeking redress and had failed to utilize available legal remedies. The Supreme Court, upon hearing the special leave petition, noted the circumstances surrounding Singh's delay and directed the Union of India to consider reinstating him without back wages. The respondents agreed to this reinstatement, leading the Supreme Court to set aside the dismissal order and the previous decisions of the lower courts, allowing Singh's original application. The court emphasized that Singh would not be entitled to back wages upon reinstatement. The appeal was thus allowed without any order as to costs.
Headnote
A) Service Law - Dismissal from Service - Justification for Dismissal - Central Administrative Tribunal Act, 1987, Section Not mentioned - The appellant was dismissed from service due to a one-day delay in reporting for duty, which was compounded by the death of his father. The court directed the Union of India to consider reinstatement sympathetically, ultimately allowing the appeal and setting aside the dismissal order. Held that the delay in filing the original application must be condoned (Paras 6-8).
Issue of Consideration
Whether the dismissal of the appellant from service was justified and if reinstatement without back wages should be granted.
Final Decision
The Supreme Court allowed the appeal, set aside the dismissal order, and directed the respondents to reinstate the appellant within one month without back wages.
Law Points
- Departmental proceedings
- dismissal from service
- delay in reporting for duty
- sympathetic consideration
- reinstatement without back wages
