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february 2007

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.

VIJAY SINGH vs UNION OF INDIA . · Niyam