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.