MATHURA PRASAD versus UNION OF INDIA AND ORS.

Punishment of removal imposed by disciplinary authority was unsustainable as statutory procedures under Railway Servants (Discipline & Appeal) Rules, 1968, Rules 10(2) and 10(3) were not complied with; reasons were not recorded, and no opportunity of hearing was given before differing findings were made. Matter remitted for fresh consideration.

Parties: Appellant: Mathura Prasad; Respondents: Union of India and Ors.
Jurisdiction: India
Judgment Date: 01 November 2006
Procedural Posture: Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome: Appeal allowed; impugned judgment of High Court set aside
Legal Topics: Misconduct, Disciplinary Proceedings, Judicial Review

Service Law Administrative Law Misconduct Disciplinary Proceedings Judicial Review

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Mathura Prasad

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

1 Whether statutory procedure relating to conduct of disciplinary proceedings as prescribed under Railway Servants (Discipline & Appeal) Rules, 1968 were not complied with and hence the punishment of removal imposed by the disciplinary authority was sustainable

Ratio Decidendi

Court Disposition

Appeal allowed; impugned judgment of High Court set aside

Orders

Matter remitted to the disciplinary authority for fresh consideration in accordance with statutory procedures
Appellant entitled to costs; Counsel's fee assessed at Rs.15,000/-