S. LOGANATHAN versus UNION OF INDIA AND ORS.

S. LOGANATHAN versus UNION OF INDIA AND ORS.

The findings of the Inquiry Officer were based on evidence recorded in presence of the appellant, not on ex-parte evidence; the Chief Judge was the appointing authority, competent to pass the order of dismissal; appellant's right of departmental appeal was not affected; appeal dismissed.

Parties
Appellant: S. Loganathan; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 November 2011
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by High Court
Outcome
Appeal dismissed
Legal Topics
Disciplinary Proceedings, Departmental Inquiry, Penalty of Dismissal, Right of Departmental Appeal
Service Law Disciplinary Proceedings Departmental Inquiry Penalty of Dismissal Right of Departmental Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

S. Loganathan

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by High Court

Legal Issues

  1. 1 Whether the findings of the Inquiry Officer were vitiated by consideration of evidence recorded in ex-parte proceedings
  2. 2 Whether the Chief Judge, being an appellate authority, could impose penalty leading to deprivation of departmental appeal

Ratio Decidendi

The findings of the Inquiry Officer were based on evidence recorded in presence of the appellant, not on ex-parte evidence; the Chief Judge was the appointing authority, competent to pass the order of dismissal; appellant's right of departmental appeal was not affected; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs