Full Judgment Text
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PETITIONER:
ANAND NARAIN SHUKLA
Vs.
RESPONDENT:
STATE OF MADHYA PRADESH
DATE OF JUDGMENT02/08/1979
BENCH:
UNTWALIA, N.L.
BENCH:
UNTWALIA, N.L.
SEN, A.P. (J)
CITATION:
1979 AIR 1923 1980 SCR (2) 196
1980 SCC (1) 252
CITATOR INFO :
R 1981 SC 858 (4)
ACT:
Second departmental enquiry not a bar on the ground it
was held on basis of the same charges of first enquiry which
was quashed on technical and legal ground-Subsistence
allowance paid during suspension could be allowed to stand
in the order of reversion.
HEADNOTE:
The appellant, an office Superintendent was reverted to
a lower rank after finding him guilty of some charges held
in a departmental enquiry. The said orders were quashed by
the High Court on the ground that the enquiry held was not
proper and legal. The appellant was reinstated as office
superintendent. Later, fresh enquiry was started after
placing him under suspension on the basis of the same old
charges. He was found guilty and again reverted to lower
rank with a direction in the order of reversion that the
allowance paid to him during the period of suspension could
remain intact. The writ petition filed by the appellant
against the said orders was dismissed.
Dismissing the appeal by certificate, the Court
^
HELD: 1. The observations of this Court in State of
Assam & Anr. v. J. N. Ray Biswas [1976] 2 SCR p. 128 @ 130
to the effect that "once a disciplinary case has closed and
the official reinstated, presumably on full exoneration, a
chagrinned Government cannot restart the exercise in the
absence of a specific power to review or revise, vested by
rules in some authority" are not applicable to the fact of
the Present case. [197 G-H]
The earlier order was quashed on a technical ground.
The order of reinstatement does not bring about any
distinction in that regard. The Government had to pass that
order because the earlier order of reversion had been
quashed by the High Court. Without reinstating the appellant
it would have been difficult, perhaps unlawful, to start a
fresh enquiry against the appellant. [197F-G]
(b) The reduced amount paid to the appellant for the
period of suspension was affirmed by making in a part of the
order of reversion itself, and is in order. [197H, 198H]
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JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 467 of
1970.
From the Judgment and order dated 25-4-1969 of the
Madhya Pradesh High Court in Misc. Petition No. 4/67.
D. N. Mukherjee and G. S. Chatterjee for the Appellant.
S. K. Gambhir, R. Nath and Miss Ram Rakhiani for the
Respondent.
197
The order of the Court was delivered by
UNTWALIA, J.-The appellant was an office Superintendent
in the office of Agriculture Department. Certain charges
were levelled against him. An enquiry was purported to be
held. After finding him guilty of some charges, he was
reverted to a lower rank. He challenged that order by filing
a Writ Petition in the Madhya Pradesh High Court . That Writ
Petition was allowed and the order of reversion was quashed
on the ground that the enquiry held was not proper and
legal. In view of the order of the High Court, the appellant
was reinstated in his original post of office
Superintendent. But shortly after, he was put under
suspension and fresh proceedings were started on the basis
of the same old charges. In the second proceedings, he has
been found guilty of certain charges, the details of which
are not necessary to be mentioned in our judgment. He was
again reverted and it was also directed in the order that
the allowance paid to him during the period of suspension
could remain intact. The appellant filed a second Writ
Petition in the High Court to challenge the fresh order of
reversion. The High Court has dismissed his Writ Petition.
Hence this appeal in this Court on grant of a certificate by
the High Court.
Mr. D. N. Mukherjee, learned counsel for the appellant
urged only two points before us; (1) that after the earlier
order of reversion was quashed by the High Court and after
the appellant was reinstated, no second enquiry on the very
same charges could be held and no second order of reversion
could be legally and validly ’, made; and (2) that appellant
was entitled to the full salary for the period of
suspension.
We find no substance in either of the points urged on
behalf of the appellant. The earlier order was quashed on
the technical ground. On merits, a second enquiry could be
held. It was rightly held. The order of reinstatement does
not bring about any distinction in that regard. The
Government had to pass that order because the earlier order
of reversion had been quashed by the High Court. Without
reinstating the appellant, it would have been difficult
perhaps unlawful, to start a fresh enquiry against the
appellant. The observations of this Court in the last
paragraph of the judgment in State of Assam & Anr. v. J. N.
Roy Biswas are not applicable to the facts of the present
case and do not help the appellant at all.
The reduced amount paid to the appellant for the period
of suspension was affirmed by making it a part of the order
of reversion
198
itself. That being so, the second point urged by the counsel
is also, of no substance. For the reasons, stated above, we
dismiss this appeal but since the, appellant has already
retired from service, we make no order as to costs.
V.D.K. Appeal dismissed.
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