KANTA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) . Leave granted.

(2.) ANSUYA Parshad, husband of the appellant (hereinafter referred to as 'deceased employee') was charged with misconduct and on the basis of a departmental enquiry held under the Central Reserve Police Force Rules, 1955 (in short 'the Rules') framed under Central Reserve Police Force Act, 1955 (in short 'the Act') was dismissed from service, in terms of an order dated 26.6.1980 passed by the Deputy Inspector General of Police (in short 'the DIG'). Said order of dismissal was challenged in a statutory appeal under Rule 28 of the Rules which was dismissed. Matter was taken by a writ petition to the Delhi High Court, and a learned single judge quashed the order of removal and directed reinstatement with consequential benefits. The sole ground on which interference was made by learned single judge was that the scheme of the Rules is such that either in the case of appointment or promotion, prior approval of the Inspector General of Police (in short 'the IG') is imperative. As a natural corollary any termination without approval of the IG, as in the present case, would be bad in law. It was, therefore, held that the order of dismissal passed by the DIG was non est. It was further observed that DIG could not have removed the respondent without prior approval of the IG. Matter was taken in appeal by the Union of India by a letters patent appeal before the same court. By the impugned order, the order of dismissal has been restored; on the ground that the construction put by learned single judge is unsound. Reference was made to Rules 7(b) and 27 to conclude that the IG is not the appointing authority; Commandant was the appointing authority; DIG being an officer superior to Commandant had authority to pass the order of dismissal.

(3.) PER contra, Mr. R.N. Trivedi, additional solicitor general submitted that the view expressed by the Division Bench is on terra farma and on a plain reading of the relevant provisions, requirement of approval by the IG as a condition precedent to effectuate an order passed by the prescribed authority, is clearly not warranted. He further submitted that the disciplinary authorities after due consideration of the materials on record came to hold that order of dismissal would be proper. It has not been shown as to how the same is disproportionate to the proved charges.