Supreme Court of India · 2006-11-23
Union Of India & Ors vs Hasmukhbhai Hirabhai Rana
- Citation / case number
- AIRONLINE 2006 SC 359
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Hasmukhbhai Hirabhai Rana
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court upheld the decision of the Central Administrative Tribunal (CAT) which quashed the dismissal order of the respondent, stating that it was issued by an authority lower in rank than the appointing authority, violating the principles established in service law. The Court reiterated that while disciplinary proceedings can be initiated by a lower authority, the final order must be made by the appointing authority or a higher authority, as per the precedents in State of Madhya Pradesh v. Shardul Singh and State of U.P. v. Chandrapal Singh. The appeal by the Union of India was dismissed, affirming the CAT's ruling.