1997 (2) TMI 549 - SC - Indian Laws

Summary

Issues:
- Challenge to order of dismissal based on authority of the Chairman
- Non-availability of original file for verification
- Compensation awarded by Division Bench
- Justification of Division Bench's decision
- Request for reconsideration of other submissions by respondent

Analysis:
The case involved an appeal against a High Court judgment regarding the dismissal of a Development Officer by the Appellant-Board. The respondent challenged the dismissal order, arguing that it was not passed by the Competent Authority, the Chairman. The Single Judge and the Division Bench dealt with this issue differently. The Single Judge upheld the dismissal, stating that all proceedings were approved by the Chairman. However, the Division Bench, unable to verify due to the missing original file, awarded the respondent total benefits as if he had retired at superannuation age. The Division Bench emphasized the doubt due to the missing file and awarded compensation of Rs. 60,000 to the respondent.

The appellant-Board contended that the Division Bench should have accepted the Single Judge's findings and that they were unable to produce the original file as it was not returned by the Court. The Supreme Court agreed with the appellant, stating that the Single Judge's findings should be accepted as correct. The respondent's contrary argument was dismissed, and the dismissal was deemed to be by the Competent Authority, the Chairman. The Court found no reason to doubt the Single Judge's statement.

The respondent's counsel raised concerns about other submissions not considered by the Division Bench due to the decision on the authority issue. In light of this, the Supreme Court allowed the appeal, set aside the High Court judgment, and remitted the matter back to the High Court for a fresh disposal, ensuring all submissions are considered. The Court made no order as to costs, indicating a fair and unbiased approach to the case.