Supreme Court · 2012 INSC 252 · Decided 29 May 2012
The Secretary, MIN.OF Defence & ORS. v. Prabhash Chandra Mirdha
- Court
- Supreme Court of India
- Citation
- 2012 INSC 252 · [2012] 6 S.C.R. 182
- Case number
- CIVIL APPEAL No. 2333/2007
- Decided
- 29 May 2012
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 311
Headnote
Service Law - Misconduct - Disciplinary proceedings - Whether the authority, lower or higher than of the appointing C authority, can initiate the proceedings against the delinquent on grounds of alleged misconduct - Held: Removal and dismissal of a delinquent on misconduct must be by the authority authority- However, it does not mean that disciplinary proceedings may not be initiated D against the delinquent by the authority lower than the appointing authority - It is permissible for an authority, higher than appointing authority to initiate the proceedings and impose punishment, in
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