Case Note & Summary
The Supreme Court allowed the civil appeal filed by Appellant against the judgment of the High Court for the State of Telangana which had dismissed his writ petition challenging his dismissal from service -- The appellant, an attender in the judicial department, was dismissed from service based on charges of unauthorized absence from 03.08.2017 to 07.08.2017 and submission of a fabricated medical certificate -- The Supreme Court found multiple procedural irregularities in the disciplinary proceedings including denial of legal representation, improper conduct of enquiry, and disproportionate punishment -- The Court held that the punishment of dismissal for five days of absence was shockingly disproportionate and violated principles of natural justice -- The Court directed reinstatement with all consequential benefits including full back wages and continuity of service -- The judgment emphasizes the importance of fair procedure in disciplinary matters and the court's power to interfere when administrative action is arbitrary or unreasonable
Headnote
The Supreme Court allowed the appeal and set aside the judgment of the High Court dated 12.02.2024 in Writ Petition No.40486 of 2022 -- The Court held that the disciplinary proceedings were vitiated due to procedural irregularities and violation of principles of natural justice -- The appellant was directed to be reinstated in service with all consequential benefits including back wages and continuity of service -- The Court emphasized that the punishment of dismissal was disproportionate to the alleged misconduct of unauthorized absence for five days -- The Court noted that the enquiry proceedings suffered from serious defects including denial of legal representation, non-consideration of medical evidence, and improper framing of charges -- The Court applied the principle that in disciplinary matters, the authority must act fairly and in accordance with established procedures
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Issue of Consideration: The Issue of consideration was whether the disciplinary proceedings against the appellant were conducted in accordance with law and whether the punishment of dismissal was proportionate to the alleged misconduct
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Final Decision
The Supreme Court allowed the appeal, set aside the judgment of the High Court and the dismissal order -- Directed reinstatement of the appellant with all consequential benefits including full back wages and continuity of service
