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october 2012

Supreme Court of India · 2012-10-17

UOI vs OM PRAKASH YADAV

Citation / case number
SC 2012/12254
Court
Supreme Court of India
Petitioner
UOI
Respondent
OM PRAKASH YADAV
Author
SWATANTER KUMAR H.L. DATTU
Bench
SWATANTER KUMAR H.L. DATTU

Judgment text excerpt

The Supreme Court set aside the Calcutta High Court's directive preventing the Disciplinary Authority from affecting the pensionary benefits of the respondent, emphasizing that such discretion lies solely with the Disciplinary Authority. The Court reiterated that the High Court does not possess appellate powers in departmental inquiries, thus allowing the Union of India’s appeal. The respondent was permitted to file objections to the second Show Cause Notice within 15 days, with the Disciplinary Authority required to consider these and issue a decision within one month.

UOI vs OM PRAKASH YADAV · Niyam