Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

The State Of Uttar Pradesh vs Brahm Shankar on 7 August, 2019

Bench: R. Banumathi, A.S. Bopanna

                                                   1

                   ITEM NO.20                  COURT NO.7                 SECTION XI

                                    S U P R E M E C O U R T O F       I N D I A
                                            RECORD OF PROCEEDINGS

                   Petition for Special Leave to Appeal (C)     No.    2941/2019

                   (Arising out of impugned final judgment and order dated
                   03-10-2018 in SAD No. 540/2018 passed by the High Court Of
                   Judicature At Allahabad, Lucknow Bench)

                   THE STATE OF UTTAR PRADESH & ORS.                      Petitioner(s)

                                                       VERSUS

                   BRAHM SHANKAR                                          Respondent(s)

                   (FOR ADMISSION and I.R. and IA No.16887/2019-EXEMPTION FROM
                   FILING O.T. and IA No.16886/2019-PERMISSION TO FILE ADDITIONAL
                   OCUMENTS/FACTS/ANNEXURES, IA No. 16887/2019 - EXEMPTION FROM
                   FILING O.T., IA No. 16886/2019 - PERMISSION TO FILE ADDITIONAL
                   DOCUMENTS/FACTS/ANNEXURES)

                   Date : 07-08-2019 This matter was called on for hearing today.

                   CORAM :
                              HON'BLE MRS. JUSTICE R. BANUMATHI
                              HON'BLE MR. JUSTICE A.S. BOPANNA

                   For Petitioner(s)     Mr.   Ajai Kumar Mishra, Sr. Adv.
                                         Mr.   Tanmaya Agarwal, AOR
                                         Mr.   Nipun Goel, Adv.
                                         Mr.   Wrick Chatterjee, Adv.

                   For Respondent(s)     Mr.   Sanjay Kumar Dubey, AOR
                                         Ms.   Shuchi Singh, Adv.
                                         Mr.   Devendra Kumar Shukla, Adv.
                                         Mr.   Krishna Kant Dubey, Adv.

                         UPON hearing the counsel the Court made the following
                                               O R D E R

Heard learned counsel for the parties. We do not find any ground warranting interference with the Signature Not Verified impugned judgment.

CHARANJEET KAUR Date: 2019.08.08 16:45:05 IST Reason:

In the impugned judgment, the High Court has observed as under :

"In our considered opinion, there is no necessity for granting liberty to conduct a fresh inquiry. It is always open to the employer whether to proceed with the disciplinary inquiry afresh or not. Unless the Court prohibits or restrains for fresh inquiry, it is the wisdom of the employer whether or not to hold an inquiry afresh."

We reiterate above finding of the High Court leaving it open to the employer whether to proceed with the disciplinary inquiry from the stage where it has been, or not.

The special leave petition is disposed of accordingly.

Pending applications stand disposed of. [ CHARANJEET KAUR ] [ NISHA TRIPATHI ] A.R.-CUM-P.S. COURT MASTER