STATE OF KARNATAKA AND ORS. versus V.B. HIREGOWDAR

STATE OF KARNATAKA AND ORS. versus V.B. HIREGOWDAR

The punishment imposed on the respondent prior to 20th November, 1990 cannot be vitiated for non supply of inquiry report, as the rule in Ramzan Khan's case operates prospectively and not retrospectively.

Parties
Appellant: State of Karnataka and Ors.; Respondent: V.B. Hiregowdar
Jurisdiction
India
Judgment Date
19 July 1996
Procedural Posture
Civil Appeal / Appeal Against Order of Karnataka Administrative Tribunal
Outcome
appeal allowed
Legal Topics
Departmental Inquiry, Supply of Inquiry Report, Punishment, Prospective Operation of Judgment, Service Rules
Service Law Departmental Inquiry Supply of Inquiry Report Punishment Prospective Operation of Judgment Service Rules

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Parties

State of Karnataka and Ors.

Appellant

V.B. Hiregowdar

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Karnataka Administrative Tribunal

Legal Issues

  1. 1 Whether non supply of inquiry report to delinquent employee vitiates punishment imposed prior to 20th November, 1990
  2. 2 Whether the rule laid down in Ramzan Khan's case is applicable retrospectively

Ratio Decidendi

The punishment imposed on the respondent prior to 20th November, 1990 cannot be vitiated for non supply of inquiry report, as the rule in Ramzan Khan's case operates prospectively and not retrospectively.

Court Disposition

appeal allowed

Orders

  • Impugned order of the Karnataka Administrative Tribunal set aside
  • No order as to costs