1995 (11) TMI 379 - SC - Indian Laws

Whether the order dismissing the appellant from service is invalid in law for non-supply of the inquiry report? Whether the charge of being in possession of assets disproportionate to his known source of income is a misconduct? Whether the delay in initiating disciplinary proceeding is an unfair procedure depriving the livelihood of a public servant offending Article 14 or 21 of the Constitution? Whether the inquiry was held by a competent officer? Held that - The availability of appeal etc. to public servants does not make a real difference, as the appellate/revisional authority is known to have taken a different view on the question of sentence only rarely. I would, therefore, think that but for the self-imposed limitation while exercising power under Article 226 of the Constitution, there is no inherent reason to disallow application of judicial mind to the question of proportionately of punishment/penalty. But then, while seized with this question as a writ court interference is permissible only when the punishment/penalty is shockingly disproportionate.

Issues Involved:
1. Non-supply of the inquiry report.
2. Promotion during the pendency of disciplinary proceedings.
3. Definition of misconduct under Civil Service Rules.
4. Delay in initiating disciplinary proceedings.
5. Judicial review and the role of the Tribunal in disciplinary matters.
6. Interference with the punishment imposed by the disciplinary authority.

Issue-wise Detailed Analysis:

1. Non-supply of the Inquiry Report:
The appellant argued that the dismissal order was invalid due to the non-supply of the inquiry report, citing the case of *Union of India & Ors. v. Mohd. Ramzan Khan*. The court acknowledged that non-supply of the inquiry report violates principles of natural justice, as established in *Ramzan Khan*. However, it was clarified that this principle was prospective, applying only to orders passed after the judgment in *Ramzan Khan*. Since the appellant's dismissal occurred on October 29, 1986, prior to this judgment, the dismissal was deemed valid.

2. Promotion During Pendency of Disciplinary Proceedings:
The appellant was promoted during the disciplinary proceedings, which he claimed should preclude dismissal. The court explained that promotion during pending disciplinary action can follow two procedures: sealed cover or promotion subject to the outcome of the inquiry. The latter was adopted, allowing the disciplinary action to proceed to its logical conclusion, making the promotion no impediment to the disciplinary decision.

3. Definition of Misconduct under Civil Service Rules:
The appellant contended that possession of assets disproportionate to known income was not defined as misconduct under the Civil Service Rules. The court referred to Section 5(1)(e) of the Prevention of Corruption Act, 1947, defining criminal misconduct as possession of disproportionate assets by a public servant. The court held that this definition suffices for disciplinary action under the Civil Service Rules, negating the need for explicit inclusion in the misconduct list.

4. Delay in Initiating Disciplinary Proceedings:
The appellant argued that the delay in initiating proceedings violated Articles 14 and 21 of the Constitution. The court noted the complexity and time-consuming nature of investigating disproportionate assets cases, often involving detailed evidence collection. The delay, therefore, was not deemed unfair or violative of constitutional rights.

5. Judicial Review and the Role of the Tribunal in Disciplinary Matters:
The court emphasized that judicial review is not an appeal but a review of the decision-making process. The Tribunal's role is to ensure fair treatment, not to re-appreciate evidence or substitute its findings for those of the disciplinary authority. The court reiterated that findings based on some evidence are within the disciplinary authority's jurisdiction and not subject to re-evaluation by the Tribunal.

6. Interference with the Punishment Imposed by the Disciplinary Authority:
The Tribunal had modified the punishment from dismissal to compulsory retirement, citing the appellant's long service and academic record. The court found this reasoning unsupportable, given the gravity of the misconduct. It held that the disciplinary authority's decision should stand unless the punishment shocks the judicial conscience. The court concluded that the Tribunal's interference was unwarranted and reinstated the dismissal order.

Separate Judgment by Hansaria, J.:
Hansaria, J. concurred with the main judgment but added that High Courts have the inherent power to do complete justice, similar to the Supreme Court under Article 142, especially when the punishment is shockingly disproportionate. He emphasized that judicial review should consider the proportionality of punishment, ensuring it is reasonable and not violative of Article 14. He concluded that while the High Courts should exercise restraint, they have the jurisdiction to modify punishment in exceptional cases to achieve complete justice.

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