K. SAMBA MOORTHY versus SANJIV CHADHA & ORS.

K. SAMBA MOORTHY versus SANJIV CHADHA & ORS.

On the facts the disciplinary enquiry was vitiated for bias not attributable to the appellant; the Single Judge quashed the proceedings and granted consequential benefits; the employer did not press the appeal on that factual premise nor seek a fresh enquiry, therefore the appellant was entitled to the benefit of the promotion from 28.07.2001 with all monetary benefits (with interest), and mere payment of the reduced-pay arrear of Rs.19,446/- did not constitute full compliance.

Parties
Appellant: K. Samba Moorthy; Respondents: Sanjiv Chadha & Ors.
Jurisdiction
India
Judgment Date
27 January 2025
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Contempt Case No. 311 of 2023
Outcome
Appeal partly allowed
Legal Topics
Benefit of Promotion, Monetary Benefits, Consequential Benefits, Reduction of Pay, Restoration of Pay, Notional Promotion
Service Law Contempt Writ Appeal Administrative Law Employment/service Disciplinary Proceedings Benefit of Promotion Monetary Benefits Consequential Benefits +3 more

Case Brief

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Parties

K. Samba Moorthy

Appellant

Sanjiv Chadha & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Contempt Case No. 311 of 2023

Legal Issues

  1. 1 Whether respondents should grant benefit of promotion from MMG/Scale-II to MMG/Scale-III with effect from 28.07.2001 with all monetary benefits to the appellant
  2. 2 Whether the employer's payment of Rs.19,446/- satisfied the Single Judge's order granting consequential benefits after quashing disciplinary proceedings
  3. 3 Whether contempt is made out for non-compliance with the Single Judge's order

Ratio Decidendi

On the facts the disciplinary enquiry was vitiated for bias not attributable to the appellant; the Single Judge quashed the proceedings and granted consequential benefits; the employer did not press the appeal on that factual premise nor seek a fresh enquiry, therefore the appellant was entitled to the benefit of the promotion from 28.07.2001 with all monetary benefits (with interest), and mere payment of the reduced-pay arrear of Rs.19,446/- did not constitute full compliance.

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment dated 24.08.2023 in Contempt Case No. 311 of 2023 set aside to the extent recorded in this judgment
  • Respondents directed to grant the appellant promotion from Manager Scale-II (MMG/Scale-II) to Manager Scale-III (MMG/Scale-III) with effect from 28.07.2001