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november 2006

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.

UNION OF INDIA vs HASMUKHBHAI HIRABHAI RANA · Niyam