Supreme Court - Daily Orders
Chitraveer Singh vs Nagar Panchayat Jewar on 25 April, 2014
\212 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO 4901 OF 2014
(Arising out of S.L.P.(Civil) No. 22811 of 2013
CHITRAVEER SINGH Appellant(s)
VERSUS
NAGAR PANCHAYAT JEWAR Respondent(s)
O R D E R
Leave granted.
The charge against the appellant is absence from duty for 15 minutes on 22nd May, 1997. The learned Single Judge of the High Court had set aside the punishment of termination from service imposed, which has been interfered with by the Division Bench of the High Court in Letters Patent Appeal on the ground that, as per the law laid down by this Court in the case of Managing Director, E.C.I.L., Hyderabad and Ors. vs. B.Karunakar & Ors. reported in 1993 (4) SCC 727, the matter has to go back to the Inquiry Officer.
Contd...
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Having regard to the facts and circumstances of the case, particularly, the charge brought against the appellant and the fact that he has suffered for long, we are of the view that, while keeping the question of law open, the order of the Division Bench of the High Court needs to be interfered with by us. We, accordingly, do so and allow this appeal.
The appellant shall be reinstated with continuity in service and with back wages, as directed by the learned Single Judge.
..................J (J. CHELAMESWAR) ..................J (RANJAN GOGOI) New Delhi;
25th April, 2014
ITEM NO.31 COURT NO.14 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(s) for Special Leave to Appeal (Civil) No(s).22811/2013 (From the judgement and order dated 01/05/2013 in SAD No.265/2013 of The HIGH COURT OF JUDICATURE AT ALLAHABAD) CHITRAVEER SINGH Petitioner(s) VERSUS NAGAR PANCHAYAT JEWAR Respondent(s) (With prayer for interim relief and office report ) I.A. Nos. 2-3 (Appl. for permission to file addl.documents and exemption from filing O.T.) Date: 25/04/2014 This Petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE J. CHELAMESWAR HON’BLE MR. JUSTICE RANJAN GOGOI For Petitioner(s) Ms. Anupama Parashar Upadhyay, Adv.
Mr. Sarad Kumar Singhania,Adv. Ms. Rashmi Singhania, Adv.
For Respondent(s) Mr. S.K. Bhattacharya,Adv.
Mr. Ajay Kumar Porwal, Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Anita Malhotra) [Sneh Lata Sharma]
Sr.PA Court Master
(Signed order is placed on the filed.)