‘Disciplinary Proceedings Contemplated’: Supreme Court Elaborates on the Meaning of ‘Contemplate

Case: State of Haryana and Ors v. Dinesh Singh and Anr.

Coram: Justices M.M. Sundresh and Aravind Kumar

Case No.: SPECIAL LEAVE TO APPEAL(C) NO. 21335 OF 2022

Court Observation: “The cut-off date (01.11.2018) was relevant only to decide the question of how much of the ACR and experience had to be considered and till what period. Such date was never meant to operate as the date against which all the eligibility criteria had to be measured against. This fact stands clarified from the last paragraph of the letter dated 09.07.2019, whereunder it has been stated that the eligibility criteria concerning ‘pending disciplinary proceedings, vigilance clearance and integrity’ was to be considered up to the date of consideration in both cases.”

“What we notice here is that the uniform application of the cut-off qua all eligibility conditions was deleted and the cut-off was restricted to the condition relating to the age of the candidate. Thus, the Respondent cannot take umbrage under the contents of letter dated 30.05.2019, when it had been followed up with another letter on the same subject and with specific clarification regarding the scope and relevance of the date 01.11.2018.”

“The Deputy Commissioner, Kurukshetra wrote a letter dated 9.01.2019 to the Additional Chief Secretary and Finance Commissioner, Government of Haryana, Department of Revenue and Disaster Management in this regard and recommended that formal inquiry be initiated against the Respondent. In view of this communication, a decision was taken on 05.02.2019 to charge-sheet Respondent No. 1”.

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Keywords

Disciplinary Proceedings Contemplated, Supreme Court