THE SECRETARY, MIN.OF DEFENCE vs PRABHASH CHANDRA MIRDHA

The Supreme Court held that while Article 311 of the Constitution of India mandates that removal or dismissal of a delinquent must be by an authority not below the appointing authority, it does not preclude a subordinate authority from initiating disciplinary proceedings. The Court clarified that a higher authority, not being the appellate authority, can initiate proceedings and impose punishment, provided the delinquent can demonstrate no prejudice. The appeal against the High Court's dismissal of the writ petition was thus dismissed, affirming the lower court's ruling.