Supreme Court of India

The Secretary, Min.of Defence & Ors. v. Prabhash Chandra Mirdha

Neutral citation
Reported as [2012] 6 S.C.R. 182
Bench Dr. B.S. Chauhan and Dipak Misra JJ.
Decided 29 May 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, while leaving the question of law open, we do not want to proceed with the appeal further on merit.

Judgment, page 11

From the headnote

Service Law - Misconduct - Disciplinary proceedings - Whether the authority, lower or higher than of the appointing authority, can initiate the proceedings against the delinquent on grounds of alleged misconduct - Held: Removal and dismissal of a delinquent on misconduct must be by the authority not below the appointing authority- However, it does not mean that disciplinary proceedings may not be initiated against the delinquent by the authority lower than the appointing authority - It is permissible for an authority, higher than appointing authority to initiate the proceedings and impose

Where later benches applied it

Of those, 2 referred to · 1 mentioned

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