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april 1990

Supreme Court of India · 1990-04-10

SCIENTIFIC ADVISER TO THE MINISTRY OF DEFENCEAND ORS. ETC. vs S. DANIEL AND ORS. ETC. ETC.

Citation / case number
SC 1980/63230
Court
Supreme Court of India
Petitioner
SCIENTIFIC ADVISER TO THE MINISTRY OF DEFENCEAND ORS. ETC.
Respondent
S. DANIEL AND ORS. ETC. ETC.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court examined the validity of disciplinary proceedings initiated by the Director and Divisional Superintendents against class III civil posts in the Ministry of Defence and Railway services, respectively. It held that the authority to initiate disciplinary proceedings must align with the authority that appointed the employees, as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, specifically Rule 9(1) and the Railway Servants (Discipline & Appeal) Rules, 1968. The Court concluded that the delegation of appointment power does not automatically confer the power to initiate disciplinary actions, thus rendering the proceedings invalid.

SCIENTIFIC ADVISER TO THE MINISTRY OF DEFENCEAND ORS. ETC. vs S. DANIEL AND ORS. ETC. ETC. · Niyam