R. P. KAPUR versus PRATAP SINGH KAIRON AND OTHERS

R. P. KAPUR versus PRATAP SINGH KAIRON AND OTHERS

The Government initiating an inquiry under s. 2 must have disciplinary control extending to removal from service; in the appellant's case, only the Government of India was competent to order such an enquiry, not the Punjab Government.

Parties
Appellant: R. P. Kapur; Respondents: Pratap Singh Kairon and Others
Jurisdiction
India
Judgment Date
02 August 1963
Procedural Posture
Civil Appeal / Appeal (special Leave) After High Court Dismissal
Outcome
Appeal dismissed (by majority); Punjab Government found competent to order enquiry. Dissenting opinions held the Punjab Government not competent; reference answered accordingly.
Legal Topics
Disciplinary Inquiry, Removability of Public Servants, Interpretation of Public Servants (inquiries) Act, 1850, Power to Institute Inquiry, Constitutional Remedies (article 226)
Public Service Law Administrative Law Constitutional Law Disciplinary Inquiry Removability of Public Servants Interpretation of Public Servants (inquiries) Act, 1850 Power to Institute Inquiry Constitutional Remedies (article 226)

Case Brief

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Parties

R. P. Kapur

Appellant

Pratap Singh Kairon and Others

Respondents

Procedural Posture

Civil Appeal / Appeal (special Leave) After High Court Dismissal

Legal Issues

  1. 1 Whether the Punjab Government was competent to order an enquiry against the appellant under s. 2 of the Public Servants (Inquiries) Act, 1850
  2. 2 Interpretation of 'not removable from his appointment without the sanction of the Government' under s. 2 of the Act

Ratio Decidendi

The Government initiating an inquiry under s. 2 must have disciplinary control extending to removal from service; in the appellant's case, only the Government of India was competent to order such an enquiry, not the Punjab Government.

Court Disposition

Appeal dismissed (by majority); Punjab Government found competent to order enquiry. Dissenting opinions held the Punjab Government not competent; reference answered accordingly.

Orders

  • Enquiry under the Inquiries Act should not proceed so long as appellant’s complaint against Dhingra is not finally disposed of.
  • Parties to bear their own costs.