U.O.I. Vs. N. MOHAMMAD

JUDGEMENT

(1.) This matter is listed today, as 14th April 2015 was declared as holiday.

(2.) BY this application (C.M. Appl. No. 3618/2015) filed under Section 151 of the CPC, the respondent seeks disposal of the present writ petition in the light of the recent decision of the Hon'ble Supreme Court in Union of India vs. R.P. Singh : (2014) 7 SCC 340. Mr. Sanjay Poddar, Senior Advocate appearing on behalf of the respondent submits that earlier there was a conflict of two decisions of the Hon'ble Supreme Court in the cases of Union of India vs. T.V. Patel, : (2007) 4 SCC 785 and Union of India vs. S.K. Kapoor : (2011) 4 SCC 589, on the issue of supply of copy of advice of UPSC and recently, the Hon'ble Supreme Court in R.P. Singh (supra) has resolved the conflict between the aforesaid two judgments and taken a view that the law laid down by Hon'ble Supreme Court in S.K. Kapoor's case (supra) that the advice of UPSC is required to be supplied to the delinquent officer, in advance i.e. before imposing a penalty upon him in a case where the advice of UPSC is relied upon by the department to initiate disciplinary action. Counsel thus submits that in view of the clear pronouncement of the Hon'ble Supreme Court in the case of R.P. Singh (supra), the penalty order dated 31.08.2005 passed by the disciplinary authority is liable to be quashed.

(3.) WE have heard the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents and have gone through the judgment of the Hon'ble Supreme Court relied upon by the respondent in his application.