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Supreme Court - Daily Orders

Union Of India vs Vishwas Nimgaonkar on 4 February, 2021

Bench: D.Y. Chandrachud, M.R. Shah

     SLP(C) 14692/2020
                                                            1

     ITEM NO.8                           Court 6 (Video Conferencing)                   SECTION IV-C

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

     Petition(s) for Special Leave to Appeal (C)                           No.14692/2020

     (Arising out of impugned final judgment and order dated 21-01-2020
     in WP No.21206/2019 passed by the High Court of M.P. at Indore)


     UNION OF INDIA & ORS.                                                         Petitioner(s)

                                                           VERSUS

     VISHWAS NIMGAONKAR                                                            Respondent(s)

     (With appln.(s)                   for   I.R.    and    IA   No.124808/2020-EXEMPTION          FROM
     FILING O.T.)


     Date : 04-02-2021 This petition was called on for hearing today.


     CORAM :
                                   HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                                   HON'BLE MR. JUSTICE M.R. SHAH


     For Petitioner(s)                   Mr. Sanjay Jain, ASG
                                         Mr. Mohammed Akhil, Adv.
                                         Mrs. Vimala Sinha, Adv.
                                         Mr. Yogesh Pachauri, Adv.
                                         Mr. Gurmeet Singh Makker, AOR

     For Respondent(s)


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

1 The High Court having found that the disagreement note by the disciplinary authority did not contain reasons for differing with the report of the Inquiry Officer, it has remanded the matter back to the disciplinary authority for Signature Not Verified conducting the proceedings from the stage where the disagreement note Digitally signed by Chetan Kumar Date: 2021.02.04 17:44:25 IST was issued. The ultimate direction of the High Court, therefore, makes it clear Reason: SLP(C) 14692/2020 2 that the disciplinary authority can proceed further in the matter after complying with the requirement as indicated in the judgment of the High Court of indicating its reasons for differing with the view of the Inquiry Officer. In view of this position, it is not necessary for the Court to entertain the Special Leave Petition.

2 The Special Leave Petition is dismissed in view of the liberty which has been granted to the petitioners.

3 Pending applications, if any, stand disposed of.

              (CHETAN KUMAR)                                  (SAROJ KUMARI GAUR)
               A.R.-cum-P.S.                                      Court Master