1993 (4) TMI 312 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the High Court correctly applied the decision in Union of India v. K.V. Jankiraman regarding the initiation of disciplinary proceedings.
2. The applicability of the 'sealed cover procedure' in the context of disciplinary proceedings.

Summary:

Issue 1: Application of Jankiraman Decision
The core issue was whether the High Court correctly applied the decision in Union of India v. K.V. Jankiraman. The High Court held that the disciplinary proceedings against the respondent could not be considered initiated until the chargesheet was actually served on him. The Supreme Court disagreed, stating that the decision to initiate disciplinary proceedings is taken when the chargesheet is framed and despatched, not necessarily when it is served. The Court clarified that the issuance of the chargesheet means its despatch, which indicates that the decision to initiate disciplinary proceedings has been taken.

Issue 2: Sealed Cover Procedure
The High Court ruled that the 'sealed cover procedure' was improperly applied by the Departmental Promotion Committee (D.P.C.) on 28.11.1990 because the chargesheet was served on the respondent only after this date. The Supreme Court overturned this view, stating that the sealed cover procedure is applicable once a decision to initiate disciplinary proceedings is made, which is marked by the framing and despatch of the chargesheet. The Court emphasized that the delay in serving the chargesheet does not affect the initiation of disciplinary proceedings.

Conclusion:
The appeal was allowed, and the judgment of the High Court was set aside. The Supreme Court held that the decision to initiate disciplinary proceedings is taken when the chargesheet is framed and despatched, not necessarily when it is served. Consequently, the writ petition of the respondent was dismissed.