MAN SINGH versus STATE OF HARYANA & ORS.

MAN SINGH versus STATE OF HARYANA & ORS.

The departmental punishment imposed upon the appellant for dereliction of duties was arbitrary and discriminatory, as the similarly situated Head Constable was exonerated, violating the doctrine of equality and fairness under Article 14. The High Court erred by dismissing the Second Appeal without framing substantial questions of law, rendering its judgment unsustainable.

Parties
Appellant: Man Singh; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
01 May 2008
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Misconduct, Dereliction of Duties, Indiscipline, Departmental Proceedings, Equality Under Article 14, Article 142 Jurisdiction, Non Formulation of Substantial Question of Law, Doctrine of Fair Play
Service Law Constitutional Law Misconduct Dereliction of Duties Indiscipline Departmental Proceedings Equality Under Article 14 Article 142 Jurisdiction +2 more

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Parties

Man Singh

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the departmental punishment imposed on the appellant was arbitrary and discriminatory, especially in light of exoneration of another similarly situated delinquent in related proceedings.
  2. 2 Whether the High Court erred by dismissing the Second Appeal without formulating substantial questions of law as required under Section 100 CPC.

Ratio Decidendi

The departmental punishment imposed upon the appellant for dereliction of duties was arbitrary and discriminatory, as the similarly situated Head Constable was exonerated, violating the doctrine of equality and fairness under Article 14. The High Court erred by dismissing the Second Appeal without framing substantial questions of law, rendering its judgment unsustainable.

Court Disposition

Appeal allowed

Orders

  • Judgment dated 20.03.2006 of the High Court in RSA No. 4272 of 2005 confirming the judgments and decrees of the courts below set aside.
  • Civil Suit No. 571/1 of 2002 on the file of the Additional Civil Judge (Senior Division), Sonepat, decreed in terms of the relief sought for.