1982 (1) TMI 204 - SC - Indian Laws

Summary

Issues:
- Appeal against judgment and decree dated 25th Nov., 1969 of the High Court of Allahabad in Second Appeal No. 2226 of 1969.
- Challenge of dismissal order on the grounds of illegal inquiry and lack of reasonable opportunity to defend.
- Denial of arrears of salary and recovery of emoluments.

Analysis:

The Supreme Court dismissed the appeal brought by the State of U.P. against the judgment and decree of the High Court of Allahabad. The case involved the dismissal of the plaintiff, a Head Constable, following a charge-sheet and disciplinary inquiry. The plaintiff challenged his dismissal, alleging that no proper inquiry was conducted, and he was not given a reasonable opportunity to defend himself. The trial Court initially dismissed the suit, but the Second Additional Civil Judge reversed this decision, holding that the charge-sheet was vague, and the plaintiff was prejudiced in his defense. The appeal Court declared the dismissal as illegal and void, remanding the matter for salary-related relief. The High Court upheld the decree, leading to the State's appeal to the Supreme Court.

The Supreme Court, after hearing the State's counsel, affirmed the findings of the lower courts. It was established that the plaintiff was not provided with a reasonable opportunity to defend himself and was prejudiced in his defense. The charge-sheet lacked essential particulars regarding the alleged misconduct, such as the date, time, and location, which hindered the plaintiff's defense during the inquiry. Additionally, statements of witnesses from a preliminary inquiry were not disclosed to the plaintiff, further impeding his defense. The Court concluded that the dismissal order was illegal, void, and inoperative due to the denial of a fair opportunity to defend. As the plaintiff had passed away during the proceedings, the only relief available to the legal heirs was the payment of arrears of salary and other emoluments due to the deceased.

In light of the above findings, the Supreme Court dismissed the appeal with costs, upholding the decisions of the lower courts regarding the illegality of the dismissal order and the entitlement of the deceased plaintiff's legal heirs to receive arrears of salary and other emoluments.