VIJAY SINGH versus UNION OF INDIA AND ORS.

VIJAY SINGH versus UNION OF INDIA AND ORS.

Order of dismissal is set aside due to violation of mandatory requirement under Rule 15(2) of the Delhi Police (Punishment & Appeal) Rules, 1980 for obtaining prior approval of the Additional Commissioner of Police before conducting departmental enquiry.

Parties
Appellant: Vijay Singh; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
23 February 2007
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Final Order Dated 9.7.2003 in C.w. No. 4220/2003
Outcome
Appeal allowed. Order of dismissal set aside. Appellant to be reinstated. No costs.
Legal Topics
Departmental Enquiry, Dismissal From Service, Delhi Police (punishment & Appeal) Rules, 1980, Rule 15(2) Mandatory Approval Requirement
Service Law Departmental Enquiry Dismissal From Service Delhi Police (punishment & Appeal) Rules, 1980 Rule 15(2) Mandatory Approval Requirement

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Parties

Vijay Singh

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Final Order Dated 9.7.2003 in C.w. No. 4220/2003

Legal Issues

  1. 1 Whether prior approval of the Additional Commissioner of Police under Rule 15(2) of the Delhi Police (Punishment & Appeal) Rules, 1980 is mandatory for departmental enquiry
  2. 2 Whether the appellant's dismissal was vitiated due to violation of mandatory provisions

Ratio Decidendi

Order of dismissal is set aside due to violation of mandatory requirement under Rule 15(2) of the Delhi Police (Punishment & Appeal) Rules, 1980 for obtaining prior approval of the Additional Commissioner of Police before conducting departmental enquiry.

Court Disposition

Appeal allowed. Order of dismissal set aside. Appellant to be reinstated. No costs.

Orders

  • Appellant reinstated forthwith.
  • No back wages from 21.1.1998 till reinstatement.