Discharge of others for misconduct no ground for relief to delinquent officer, says SC

The Supreme Court has said a delinquent officer cannot be granted relief in a disciplinary proceedings, just because some other officers have been exonerated in the same case of misconduct.

"Merely because some other officers involved in the incident are exonerated and/or no action is taken against other officers, it cannot be a ground to set aside the order of punishment when the charges against the individual concerned - delinquent officer are held to be proved in a departmental enquiry. There cannot be any claim of negative equality in such cases," a bench of Justices M R Shah and B V Nagarathna said.

The top court allowed an appeal by the Uttar Pradesh government against an order by the Allahabad High Court, which had dismissed a plea against Rajit Singh, a junior engineer, who was told to pay back over Rs 22.48 lakh and suffer adverse remarks and stopping of salary increments, as part of disciplinary action, for causing loss to the department.

The UP State Public Service Tribunal had set aside the punishment, applying the 'Doctrine of Equality' and also on the ground that the enquiry conducted was in breach of principles of natural justice in as much as the relevant documents mentioned in the charge sheet were not supplied to the officer.

The top court held both the Tribunal as well as the High Court committed a grave error in quashing and setting aside the order of punishment by applying the 'Doctrine of Equality'.

"The 'Doctrine of Equality' ought not to have been applied when the enquiry officer and the disciplinary authority held the charges proved against the delinquent officer," the bench said, rejecting the contention that assistant engineer and executive engineer were exonerated in the case.

The top court, however, remanded the matter back to the disciplinary authority for a fresh enquiry, as after issuance of the charge sheet, necessary documents were not supplied to the officer, in conformity with the principles of natural justice.

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