SURENDER KUMAR versus UNION OF INDIA AND ORS.

SURENDER KUMAR versus UNION OF INDIA AND ORS.

Appellant's actions constituted misappropriation and serious misconduct; storing 320 Kg. of Soda-bi-carbonate instead of feeding it to animals resulted in animal deaths and justified compulsory retirement. Departmental inquiry was fair and followed principles of natural justice. Punishment was not harsh considering the misconduct.

Parties
Appellant: Surender Kumar; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
21 October 2009
Procedural Posture
Civil Appeal / Appeal From Bombay High Court's Dismissal of Writ Petition; Review of Departmental and Appellate Orders
Outcome
Appeal dismissed
Legal Topics
Compulsory Retirement, Departmental Inquiry, Misappropriation, Disobedience of Lawful Orders, Natural Justice
Service Law Compulsory Retirement Departmental Inquiry Misappropriation Disobedience of Lawful Orders Natural Justice

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Parties

Surender Kumar

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Bombay High Court's Dismissal of Writ Petition; Review of Departmental and Appellate Orders

Legal Issues

  1. 1 Whether the order of compulsory retirement for misappropriation and misconduct was harsh and justified
  2. 2 Whether departmental inquiry was conducted fairly and in accordance with principles of natural justice

Ratio Decidendi

Appellant's actions constituted misappropriation and serious misconduct; storing 320 Kg. of Soda-bi-carbonate instead of feeding it to animals resulted in animal deaths and justified compulsory retirement. Departmental inquiry was fair and followed principles of natural justice. Punishment was not harsh considering the misconduct.

Court Disposition

Appeal dismissed

Orders

  • No merit found in the appeal; punishment of compulsory retirement upheld; appeal dismissed