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.