DR. (MRS.) GURJEEWAN GAREWAL versus DR. (MRS.) SUMITRA DASH AND ORS.

DR. (MRS.) GURJEEWAN GAREWAL versus DR. (MRS.) SUMITRA DASH AND ORS.

PGIMER is not a 'State' for purposes of Article 311 and its employees do not occupy 'civil posts' under Article 311; hence, constitutional protection under Article 311 is not available. The stay granted by the High Court was incorrect as disciplinary proceedings are independent of the writ petition, and proceedings may continue. Principles of natural justice do not automatically apply when Article 311 is not attracted. The High Court's reasoning based on Article 311 was faulty and its decision is liable to be set aside.

Parties
Appellant: Dr. (Mrs.) Gurjeewan Garewal; Respondent No. 1: Dr. (Mrs.) Sumitra Dash; Respondent No. 2: Post Graduate Institute of Medical Education and Research, Chandigarh
Jurisdiction
India
Judgment Date
12 April 2004
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Punjab & Haryana High Court in C.w.p. No. 8504 of 2000
Outcome
Appeal allowed; High Court's judgment set aside.
Legal Topics
Ex India Leave, Disciplinary Proceedings, Principles of Natural Justice, Civil Post Under Article 311, State Under the Constitution
Service Law Constitutional Law Ex India Leave Disciplinary Proceedings Principles of Natural Justice Civil Post Under Article 311 State Under the Constitution

Case Brief

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Parties

Dr. (Mrs.) Gurjeewan Garewal

Appellant

Dr. (Mrs.) Sumitra Dash

Respondent No. 1

Post Graduate Institute of Medical Education and Research, Chandigarh

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Punjab & Haryana High Court in C.w.p. No. 8504 of 2000

Legal Issues

  1. 1 Whether employees of PGIMER hold a 'civil post' under Article 311 of the Constitution
  2. 2 Whether PGIMER is a 'State' for the purposes of Article 311
  3. 3 Whether principles of natural justice apply to the decision declining joining after ex-India leave

Ratio Decidendi

PGIMER is not a 'State' for purposes of Article 311 and its employees do not occupy 'civil posts' under Article 311; hence, constitutional protection under Article 311 is not available. The stay granted by the High Court was incorrect as disciplinary proceedings are independent of the writ petition, and proceedings may continue. Principles of natural justice do not automatically apply when Article 311 is not attracted. The High Court's reasoning based on Article 311 was faulty and its decision is liable to be set aside.

Court Disposition

Appeal allowed; High Court's judgment set aside.

Orders

  • Stay order granted by High Court in CWP No. 16212 of 1992 vacated.
  • PGIMER directed to proceed with disciplinary proceedings against Dr. Sumitra Dash regarding unauthorized absence.