Supreme Court of India · 2007-02-23
VIJAY SINGH vs UNION OF INDIA .
- Citation / case number
- SC 2003/21586
- Court
- Supreme Court of India
- Petitioner
- VIJAY SINGH
- Respondent
- UNION OF INDIA .
- Author
- H.K.SEMA
- Bench
- B.SUDERSHAN REDDY H.K. SEMA
Judgment text excerpt
The Supreme Court held that the failure to obtain prior approval from the Additional Commissioner of Police, as mandated by Rule 15(2) of the Delhi Police (Punishment and Appeal) Rules, 1980, renders the departmental enquiry invalid. The Court emphasized that a preliminary enquiry must precede a departmental enquiry when a cognizable offence is disclosed, and the absence of such approval vitiates the proceedings. Consequently, the Court set aside the disciplinary action taken against the appellant, a head constable, due to procedural irregularities.