Supreme Court of India

H.P. State Electricity Board Ltd. v. Maresh Dahiya

Neutral citation

Reported as [2016] 9 S.C.R. 879

Bench S. A. Bobde and Ashok Bhushan JJ.

Decided 18 November 2016

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 discussion, we are of the view that present is the case where the High Court while quashing the punishment order as well as Appellate order ought to have permitted the Disciplinary · Authority to have proceeded with the inquiry from the stage in which fault was noticed i.e. the Stage under Rule 15 of Rules.

Judgment, page 18

From the headnote

Service Law: Misconduct - Charges of willful absence from official duty and disobedience of orders of superiors - Disciplinary action - Respondent compulsorily retired from service - He filed writ petition - High Court set aside the order of compulsory retirement - On appeal, held: The delinquent employee has a right to receive a copy of the inquiry officer '.s report before the Disciplinary Authority arrives at its conclusions with regard to the guilt or innocence of the employee with regard to the charges levelled against him - That right is a part of employee '.s right to defend himself -

Authorities it was built on

1993 Managing Director, Ecil, Hyderabad Etc. Etc. v. B. Karunakar and Ors. Etc. Etc. cited by 35
1995 B.C. Chaturvedi v. Union of India and Ors. cited by 21
2006 M.V. Bijlani v. Union of India and Ors. cited by 16
2012 Krushnakant B. Parmar v. Union of India & Anr. cited by 2

Where later benches applied it

2021 Deputy General Manager (appellate Authority) and Others v. Ajai Kumar Srivastava relied on
2020 Pravin Kumar v. Union of India and Ors. relied on
2023 The Registrar General, High Court of Karnataka and Anr v. Sri M. Narasimha Prasad referred to

Of those, 2 relied on · 1 referred to

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