UNION OF INDIA Vs. S B MISHRA

JUDGEMENT

(1.) -Leave granted.

(2.) The case has a chequered career. The respondent while working as a lecturer in the College of Military Engineering, Pune was compulsorily retired by proceedings dated July 27, 1987, as a measure of punishment, after following departmental inquiry. He challenged its validity in O. A. 616/90 contending that he was not supplied with the copy of the Inquiry Report and, therefore, his compulsory retirement was not valid in law. Following the ratio in Union of India v. Mohd, Ramzan Khan, (1991) 1 SCC 588 : (AIR 1991 SC 471), decided by a bench of three Judges, the Tribunal by its order dated July 23, 1992, set aside the order giving liberty to the appellant to take appropriate action from the stage of supplying the copy of the Inquiry Report. Ramzan Khan's ratio was clarified in Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727 :(1994 AIR SCW 1050) by a Constitution Bench wherein it was held that the ratio had no application to cases concluded by that date. Even to cases to which the ratio would apply, fresh enquiry after supplying the enquiry report may be proceeded with and the delinquent officer must be deemed to be under suspension pending enquiry and the consequential benefits would depend on the result of the enquiry.

(3.) When the competent officer exercising the power under sub-rule (4) of Rule 10 of CCS (CC and A) Rules, 1965 (for short 'Rules') passed an order that the respondent was deemed to be under suspension till the inquiry is completed, the respondent again challenged that order by filing a Contempt Petition for non-implementation of the order and in the impugned order dated September 1, 1992 in C. P. No. 130/92, the Tribunal held that Rule 10(4) has no application since the respondent was not kept under suspension pending inquiry and that, therefore, he must be deemed to be in service and directed to reinstate him with all consequential benefits. We are informed that pursuant that order, the respondent has been reinstated with all consequential benefits and he is continuing in service.