Supreme Court of India · 2006-11-23
UNION OF INDIA vs HASMUKHBHAI HIRABHAI RANA
- Citation / case number
- SC 2004/17753
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- HASMUKHBHAI HIRABHAI RANA
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the decision of the Central Administrative Tribunal (CAT) which quashed the removal order of the respondent, stating that it was issued by an authority lower than the appointing authority, violating the principles established in service law. The Court reiterated that while disciplinary proceedings can be initiated by a subordinate authority, the final order must be made by the appointing authority or a higher authority, as per the precedents set 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.