Case Note & Summary
The dispute arose from the dismissal of a police constable in Punjab for unauthorized absence from duty. The respondent was dismissed on 1.6.1998 after a departmental enquiry, which he challenged in a suit filed on 16.7.1990. The trial court decreed the suit on 12.5.1993, setting aside the dismissal on the grounds that the absence had been treated as leave without pay, and the respondent was not given a proper opportunity for a personal hearing. The lower appellate court affirmed the trial court's findings but remanded the case for a fresh order of punishment, stating that the absence was not of the gravest misconduct. The State of Punjab's second appeal to the High Court was dismissed summarily. The Supreme Court found that the lower appellate court's remand was unjustified as the charge of unauthorized absence did not survive, and the findings regarding the lack of opportunity for hearing and duress were not addressed. The court emphasized that the appellate court has the power to do complete justice under Order XLI Rule 33 and that it could not ignore substantive rights. The Supreme Court allowed the appeal, set aside the remand, and upheld the trial court's judgment without costs.
Headnote
A) Administrative Law - Departmental Enquiry - Charge of Unauthorized Absence - Code of Civil Procedure, 1908, Order XLI Rule 33 - The trial court found that the respondent's absence was regularised as leave without pay, thus the charge did not survive. The appellate court's remand for fresh punishment was held unjustified as the findings regarding lack of opportunity for hearing and duress were not set aside. Held that the appeal was allowed, and the remand was set aside (Paras 1-4).
Issue of Consideration
Whether the lower appellate court was justified in remanding the case to the punishing authority after confirming that the charge of unauthorized absence did not survive.
Final Decision
The Supreme Court allowed the appeal, set aside the remand order of the lower appellate court and the High Court's judgment, and upheld the trial court's decree.
Law Points
- Departmental enquiry
- unauthorized absence
- opportunity of hearing
- remand
- Article 142
- Order XLI Rule 33
- substantive rights
