T.C. KAUSHIK versus UNION OF INDIA AND ORS.

T.C. KAUSHIK versus UNION OF INDIA AND ORS.

Since the appellant's affidavit tendering unconditional apology appears to be honest and genuine, no further departmental action need be taken against him. The observations made by the High Court in its order regarding the lapse are set aside.

Parties
Appellant: T.C. Kaushik; Respondents: Union of India and Others; Respondent: Respondent No.3; Respondent: Respondent No.5
Jurisdiction
India
Judgment Date
14 November 2006
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal partly allowed
Legal Topics
Departmental Proceedings, Professional Conduct of Government Counsels
Service Law Departmental Proceedings Professional Conduct of Government Counsels

Case Brief

Summary, issues, holding and outcome

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Parties

T.C. Kaushik

Appellant

Union of India and Others

Respondents

Respondent No.3

Respondent

Respondent No.5

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether departmental action should be continued against Government Counsel after tendering unconditional apology for distortion of court orders

Ratio Decidendi

Since the appellant's affidavit tendering unconditional apology appears to be honest and genuine, no further departmental action need be taken against him. The observations made by the High Court in its order regarding the lapse are set aside.

Court Disposition

Appeal partly allowed

Orders

  • No further departmental action to be taken against appellant
  • High Court's observations regarding lapse set aside