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november 2006

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.

Union Of India & Ors vs Hasmukhbhai Hirabhai Rana · Niyam