2025 INSC 412 Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.………………… OF 2025

[ARISING OUT OF SLP (C) NO. 19223 OF 2024]

THE STATE OF JHARKHAND & ORS. APPELLANTS

VS.

RUKMA KESH MISHRA RESPONDENT

JUDGMENT

DIPANKAR DATTA, J.

1. Leave granted.

THE APPEAL

2. Appellants - the State of Jharkhand and three of its officers – assail

the judgment and order dated 24th November, 20231 of a Division Bench

of the High Court of Jharkhand at Ranchi2 in this civil appeal. By the

Signature Not Verified

Digitally signed by
rashmi dhyani pant
Date: 2025.03.28
16:56:37 IST
Reason:

1
impugned order
2
High Court

Page 1 of 26
impugned order, the Division Bench dismissed an intra-court appeal3

carried by the appellants from the judgment and order dated 20 th April,

2023 of a Single Judge, allowing a writ petition4 instituted by the

respondent - Rukma Kesh Mishra.

THE QUESTION

3. We are tasked to decide a solitary legal question: whether the order

by which the respondent was dismissed from service, following

disciplinary proceedings, should have been interdicted by the High Court

on the specious ground that the charge-sheet had not been approved by

the Chief Minister of Jharkhand5?

BRIEF RESUME OF FACTS

4. Facts giving rise to this appeal are not too complicated. While the

respondent had been functioning as a civil service officer, it came to light

that he had indulged in diverse activities of dishonesty, financial

irregularities, forgery of documents, etc. constituting misconduct. It was

proposed to proceed against him departmentally. Along with the proposal

dated 13th January, 2014, which was initiated by the appellant no. 3 – the

Deputy Commissioner, Koderma – seeking approval of initiation of

disciplinary proceedings, the draft charge-sheet containing 9 (nine)

charges proposed to be levelled against the respondent (contained in

form ‘K’) was placed before the Chief Minister together with proposals

3
LPA No. 572 of 2023
4
WP (S) No. 4781 of 2017
5
Chief Minister

Page 2 of 26
that the respondent be suspended from service with immediate effect and

that in the inquiry to be initiated against the respondent, the officers

named therein be appointed as the inquiry officer and the presenting

officer. The Chief Minister approved all the proposals on 21st March, 2014.

On 31st March, 2014, the appellant no.2 – Deputy Secretary to the

Government of Jharkhand (Personnel, Administrative and Rajbhasha

Department)6 – suspended the respondent from service. Appellant no.2

thereafter issued charge-sheet dated 4th April, 2014 under Rule 55 of the

Civil Services (Classification, Control and Appeal) Rules, 19307 for the

purpose of an inquiry to be conducted into the respondent’s conduct vis-

à-vis the 9 (nine) articles of charges drawn up against him. Respondent

having denied and disputed the material allegations in the charge-sheet,

an inquiry came to be conducted with the appellant no.4 – described in

the array of appellants as the Departmental Enquiry-cum-Conducting

Officer – as the inquiry officer. Respondent duly participated in such

inquiry whereafter a report of inquiry was submitted by the appellant no.4

on 31st July, 2015. Appellant no.4 held the respondent guilty of all but 3

(three) of the charges. A second show cause notice was issued to the

respondent on 11th April, 2016, followed by a reminder. Respondent

replied to the second show cause notice on 24th September, 2016.

Apropos a proposal containing detailed reasons why the report of the

appellant no.4 called for acceptance and the respondent dismissed from

service on proof of majority of the charges of misconduct levelled against

6
relevant department
7
1930 Rules

Page 3 of 26
him, the same was placed before the Cabinet of the State Government8 in

its meeting held on 13th June, 2017. The Cabinet having approved such

proposal, the respondent was dismissed from service vide an order of the

Governor contained in memo dated 16th June, 2017 issued by the Joint

Secretary of the relevant department. The order of dismissal recorded

that the Government had taken the decision to dismiss the respondent

based on proof of the charges against him in terms of Rule 14(xi) of the

Jharkhand Government Servants (Classification, Control and Appeal)

Rules 20169 and that under Rule 18(7) thereof, due consent of the

Jharkhand Public Service Commission for imposing such punishment had

been obtained.

5. After obtaining information through the machinery provided by the

Right to Information Act, 2005 that approval of the Chief Minister being

the competent authority has not been “accorded at the time of

issuing/signing of the memo of charge”, the respondent challenged the

order of dismissal from service before the High Court by invoking its writ

jurisdiction primarily on the ground of absence of approval by the Chief

Minister at or about the time of issuance of the charge-sheet. He also

challenged the disciplinary proceedings on the grounds that there was no

application of mind and the appellants had failed to take into

consideration the entire facts and circumstances of the case; also, that

the punishment imposed was excessive and disproportionate to the

8
Cabinet
9
2016 Rules

Page 4 of 26
allegations levelled and gravity of the misconduct found proved.

Accordingly, the respondent prayed that by issuing a writ of certiorari, the

order of dismissal dated 16th June, 2017 be quashed and a mandamus be

issued directing the appellants to reinstate him in service.

THE JUDGMENTS OF THE HIGH COURT

6. Perusal of the writ petition (Annexure P22 of the paper book) does

not reveal reference to any provision of law premised whereon the

respondent contended that the charge-sheet could not have been issued

without the approval of the Chief Minister, being the competent authority

in case of the respondent.

7. Be that as it may, it is only on this ground that the writ petition of

the respondent succeeded. The Single Judge, who heard the writ petition,

unequivocally recorded that initiation of disciplinary proceedings against

the respondent was duly approved by the competent authority but

“nowhere from the counter affidavit it appears that Chargesheet was ever

approved by the competent authority”. Placing reliance on the decisions of

this Court in Union of India v. B.V. Gopinath10 and State of Tamil

Nadu v. Promod Kumar, IAS11, the Single Judge held that it is the

“requirement of law that charge has to be approved by the competent

authority and the same was not done here, which is dehorse (sic, dehors)

the Rule”. Based on such findings, while quashing the order of dismissal

10
2014 (1) SCC 351
11
2018 (17) SCC 677

Page 5 of 26
the Single Judge directed reinstatement of the respondent in service with

all consequential benefits. The writ petition, thus, stood allowed.

8. The Division Bench, while dismissing the intra-court appeal of the

appellants, proceeded to record the following findings:

“12. *** However, on scrutiny of the materials on record, we find that

before a decision was taken to start a departmental proceeding against
the respondent and Resolution dated 4th April 2014 was issued thereof,
charge memo was already prepared on 13th January 2014. Not only that,
the competent authority had accorded his approval to the charge memo
on 21st March 2014. That is, before a decision was taken to start the
departmental proceeding against the respondent and approval thereon of
the competent authority was taken. Apparently, the charge memo was
incompetent and therefore the subsequent proceedings taken in the
departmental inquiry against the respondent were also rendered illegal.

13. In view of this procedural error which is not a curable irregularity,

the writ Court rightly interfered with the termination order dated 16th June
2017”.

After extracting paragraph 41 of the decision in B. V. Gopinath (supra)

and paragraph 21 of the decision in Promod Kumar (supra), the Division

Bench held the writ court’s interference with the order dated 6th June,

2017 to be perfectly valid and, accordingly, dismissed the intra-court

appeal.

ANALYSIS AND REASONS

9. We have heard Mr. Rajiv Shankar Dvivedi, learned counsel for the

appellants and Dr. Manish Singhvi, learned senior counsel for the

respondent, at some length.

10. Respondent, without exhausting the alternative remedy of

appeal/revision challenging the order of dismissal from service, had

Page 6 of 26
invoked the writ jurisdiction before the High Court. For reasons assigned

hereafter, we find that the writ petition could have been entertained by

the High Court having regard to the jurisdictional issue raised by the

respondent.

11. A coordinate bench of this Court in Union of India v. Kunisetty

Satyanarayana12 has held that ordinarily no writ lies against a show

cause notice or charge-sheet. The reason is that a mere show-cause

notice or charge-sheet does not give rise to any cause of action, because

it does not amount to an adverse order affecting the rights of any party

unless the same has been issued by a person having no jurisdiction to do

so (emphasis supplied). Writ jurisdiction is discretionary jurisdiction and

hence such discretion under Article 226 should not ordinarily be exercised

by quashing a show-cause notice or charge-sheet. No doubt, in some very

rare and exceptional cases the High Court can quash a show cause notice

or charge-sheet if it is found to be wholly without jurisdiction or for some

other reason it is wholly illegal (emphasis supplied). However, ordinarily

the High Court should not interfere in such a matter.

12. Having read the decision in Kunisetty Satyanarayana (supra), we

are of the view that it was open to the High Court to examine the

question of jurisdiction to issue the charge-sheet to the respondent since

he had invoked the writ jurisdiction after suffering the order of dismissal

12
(2006) 12 SCC 28

Page 7 of 26
from service and not at an initial stage of the inquiry. The writ petition,

therefore, could not have been thrown out at the threshold.

13. Now, while addressing the question arising for decision, it would be

worthwhile to notice paragraphs ‘41’ and ‘21’ of the decisions in B. V.

Gopinath (supra) and Promod Kumar (supra), respectively.

14. In B.V. Gopinath (supra), this Court intervened and quashed the

charge-sheet on the ground of want of the Finance Minister’s approval.

Paragraph ‘41’ reads as follows:

“41. Disciplinary proceedings against the respondent herein were initiated

in terms of Rule 14 of the aforesaid Rules. Rule 14(3) clearly lays down
that where it is proposed to hold an inquiry against a government servant
under Rule 14 or Rule 15, the disciplinary authority shall draw up or cause
to be drawn up the charge-sheet. Rule 14(4) again mandates that the
disciplinary authority shall deliver or cause to be delivered to the
government servant, a copy of the articles of charge, the statement of the
imputations of misconduct or misbehaviour and the supporting documents
including a list of witnesses by which each article of charge is proposed to
be proved. We are unable to interpret this provision as suggested by the
Additional Solicitor General, that once the disciplinary authority approves
the initiation of the disciplinary proceedings, the charge-sheet can be
drawn up by an authority other than the disciplinary authority. This would
destroy the underlying protection guaranteed under Article 311(1) of the
Constitution of India. Such procedure would also do violence to the
protective provisions contained under Article 311(2) which ensures that no
public servant is dismissed, removed or suspended without following a fair
procedure in which he/she has been given a reasonable opportunity to
meet the allegations contained in the charge-sheet. Such a charge-sheet
can only be issued upon approval by the appointing authority i.e. Finance
Minister”.

(italics in original)

15. B.V. Gopinath (supra) was followed in Promod Kumar (supra).

Paragraph ‘21’ of the latter decision being relevant, is quoted below:

“21. It is clear that the approval of the disciplinary authority was taken for
initiation of the disciplinary proceedings. It is also clear from the affidavit

Page 8 of 26
 that no approval was sought from the disciplinary authority at the time
when the charge memo was issued to the delinquent officer. The
submission made on behalf of the appellant is that approval of the
disciplinary authority for initiation of disciplinary proceedings was
sufficient and there was no need for another approval for issuance of
charge memo. The basis for such submission is that initiation of
disciplinary proceedings and issuance of charge memo are at the same
stage. We are unable to agree with the submission in view of the
judgment of this Court in B.V. Gopinath. In that case the charge memo
issued to Mr Gopinath under Rule 14(3) of the Central Civil Service
(Classification, Control and Appeal) Rules, 1965 was quashed by the
Central Administrative Tribunal on the ground that the Finance Minister
did not approve it. The judgment of the Tribunal was affirmed by the High
Court. The Union of India, the appellant therein submitted before this
Court that the approval for initiation of the departmental proceedings
includes the approval of the charge memo. Such submission was not
accepted by this Court on an interpretation of Rule 14(3) which provides
that the disciplinary authority shall “draw up or cause to be drawn up” the
charge memo. It was held that if any authority other than the disciplinary
authority is permitted to draw the charge memo, the same would result in
destroying the underlying protection guaranteed under Article 311(2) of
the Constitution of India”.

16. Having read excerpts from the decisions in B. V. Gopinath (supra)

and Promod Kumar (supra), heavily relied on by the High Court for

allowing the writ petition of the respondent, we propose to first examine

whether the law laid down therein had any application to the facts

pleaded in the writ petition and how far the same is relevant for deciding

this appeal. Next, we propose to consider whether, on facts, initiation of

disciplinary proceedings against the respondent suffered from any

infirmity warranting interference. Finally, we propose to consider the

contours of Article 311 of the Constitution and the legal requirements of

who should ‘draw up’ or ‘cause to draw up’ the charge-sheet signifying

initiation of disciplinary proceedings against an officer/employee prima

facie found to be delinquent.

Page 9 of 26
APPLICABILITY OF B. V. Gopinath (supra) AND Promod Kumar (supra)

17. It is not in dispute that at the time the appellants resolved to

initiate disciplinary proceedings against the respondent, the 1930 Rules

were in force. The Single Judge noticed this fact, although the Division

Bench has not adverted to it. Under the 1930 Rules, disciplinary

proceedings could be initiated in terms of Rule 5513 thereof. The effect

that Rule 55 would have on the merits of the plea raised by the

respondent, in the ultimate analysis, is what appears to be clinching.

18. Bare perusal of Rule 55 reveals that it does not expressly specify

the authority, who is competent to issue the charge-sheet. On the

contrary, the decisions of this Court in B.V. Gopinath (supra) and

Promod Kumar (supra) dealt with different rules which expressly

specified who could issue the charge-sheet. We have noted with some

measure of disappointment that long-standing precedents of this Court,

13
55. Without prejudice to the provisions of the Public Servants Inquiries Act, 1850, no
order of dismissal, removal, compulsory retirement Vide Notification no.13213-A, dated
the 17th October, 1957 (or reduction) shall be passed on a member of a Service (other
than an order based on facts which have led to his conviction in a criminal court or by a
Court-Martial) unless he has been informed in writing of the grounds on which it is
proposed to take action and has been afforded an adequate opportunity of defending
himself. The grounds on which it is proposed to take action shall be reduced to the form
of a definite charge or charges which shall be communicated to the person charged
together with a statement of the allegations on which each charge is based and on any
other circumstances which it is proposed to take into consideration in passing orders on
the case. He shall be required, within a reasonable time, to put in a written statement of
his defence and to state whether he desires to be heard in person. If he so desires or if
the authority concerned so direct an oral inquiry shall be held. At that inquiry oral
evidence shall be heard as to such of the allegations as are not admitted, and the person
charged shall be entitled to cross-examine the witnesses, to give evidence in person and
to have such witnesses called, as he may wish, provided that the officer, conducting the
inquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a
witness. The proceedings shall contain a sufficient record of the evidence and a
statement of the findings and the grounds thereof.

***

Page 10 of 26
which did lend sustenance to the impugned charge-sheet, were neither

placed before the Division Bench nor the Single Judge for consideration.

This is one reason why we are persuaded to interfere.

19. Respondent was a member of the civil service of the State. Thus, he

could legitimately claim that the safeguards enshrined in Article 311 of

the Constitution be scrupulously followed prior to ordering his dismissal

including drawing up a charge-sheet in the manner required by the

relevant law.

20. It would, therefore, be profitable to note what is the law declared by

this Court on the point as to who can issue the charge-sheet.

21. As far back as in 1970, this Court in State of Madhya Pradesh v.

Shardul Singh14 held that Article 311(1) does not in terms require that

the authority empowered by that provision to dismiss or remove an officer

should initiate or conduct the inquiry. This decision could count as the

parent decision on the topic, declaring the law in paragraphs ‘6’ and ‘10’.

The said paragraphs are quoted below for ease of understanding as to

how Article 311(1) was construed:

“6. Article 311(1) provides that no person who is a member of Civil

Service of the Union or of an All-India Service or Civil Service of a State or
holds civil post under the Union or State shall be dismissed or removed by
an authority subordinate to that by which he was appointed. This Article
does not in terms require that the authority empowered under that
provision to dismiss or remove an official, should itself initiate or conduct
the enquiry preceding the dismissal or removal of the officer or even that
that enquiry should be done at its instance. The only right guaranteed to a
civil servant under that provision is that he shall not be dismissed or
removed by an authority subordinate to that by which he was appointed.

14
(1970) 1 SCC 108

Page 11 of 26
 But it is said on behalf of the respondent that that guarantee includes
within itself the guarantee that the relevant disciplinary inquiry should be
initiated and conducted by the authorities mentioned in the Article. The
High Court has accepted this contention. We have now to see whether the
view taken by the High Court is correct.

***

10. But for the incorporation of Article 311 in the Constitution even in
respect of matters provided therein, rules could have been framed under
Article 309. The provisions in Article 311 confer additional rights on the
civil servants. Hence we are unable to agree with the High Court that the
guarantee given under Article 311(1) includes within itself a further
guarantee that the disciplinary proceedings resulting in dismissal or
removal of a civil servant should also be initiated and conducted by the
authorities mentioned in that Article”.

(emphasis supplied)

22. Then came the decision in P. V. Srinivasa Sastry v. Comptroller

and Auditor General15, where this Court reiterated that a departmental

proceeding need not be initiated only by the appointing authority and that

initiation by a subordinate authority, in the absence of rules, is not

vitiated. We consider it appropriate to extract paragraph ‘4’ hereunder:

“4. Article 311(1) says that no person who is a member of a civil service
of the Union or an all-India service or a civil service of a State or holds
civil post under the Union or a State “shall be dismissed or removed by an
authority subordinate to that by which he was appointed”. Whether this
guarantee includes within itself the guarantee that even the disciplinary
proceeding should be initiated only by the appointing authority? It is well
known that departmental proceeding consists of several stages: the
initiation of the proceeding, the inquiry in respect of the charges levelled
against that delinquent officer and the final order which is passed after the
conclusion of the inquiry. Article 311(1) guarantees that no person who is
a member of a civil service of the Union or a State shall be dismissed or
removed by an authority subordinate to that by which he was appointed.
But Article 311(1) does not say that even the departmental proceeding
must be initiated only by the appointing authority. However, it is open to
Union of India or a State Government to make any rule prescribing that
even the proceeding against any delinquent officer shall be initiated by an
officer not subordinate to the appointing authority. Any such rule shall not
be inconsistent with Article 311 of the Constitution because it will amount
to providing an additional safeguard or protection to the holder of a civil

15
1993 (1) SCC 419

Page 12 of 26
 post. But in absence of any such rule, this right or guarantee does not
flow from Article 311 of the Constitution. It need not be pointed out that
initiation of a departmental proceeding per se does not visit the officer
concerned with any evil consequences, and the framers of the Constitution
did not consider it necessary to guarantee even that to holders of civil
posts under the Union of India or under the State Government. At the
same time this will not give right to authorities having the same rank as
that of the officer against whom proceeding is to be initiated to take a
decision whether any such proceeding should be initiated. In absence of a
rule, any superior authority who can be held to be the controlling
authority, can initiate such proceeding”.

(emphasis supplied)

23. Yet again, in Transport Commissioner v. A. Radhakrishna

Moorthy16, this Court clearly declared the law as follows:

“8. Insofar as initiation of enquiry by an officer subordinate to the

appointing authority is concerned, it is well settled now that it is
unobjectionable. The initiation can be by an officer subordinate to the
appointing authority. Only the dismissal/removal shall not be by an
authority subordinate to the appointing authority. Accordingly it is held
that this was not a permissible ground for quashing the charges by the
Tribunal”.

(emphasis supplied)

24. All these decisions were considered by this Court in Inspector

General of Police v. Thavasippan17, and it was ruled as follows:

“9. … Generally speaking, it is not necessary that the charges should be

framed by the authority competent to award the proposed penalty or that
the enquiry should be conducted by such authority. We do not find
anything in the rules which would induce us to read in Rule 3(b)(i) such a
requirement. In our opinion, the view taken by the Tribunal that in a case
falling under Rule 3(b) the charge memo should be issued by the
disciplinary authority empowered to impose the penalties referred to
therein and if the charge memo is issued by any lower authority then only
that penalty can be imposed which that lower authority is competent to
award, is clearly erroneous. We, therefore, allow this appeal”. …

(emphasis supplied)

16
(1995) 1 SCC 332
17
(1996) 2 SCC 145

Page 13 of 26
25. Later decisions of this Court in Government of Tamil Nadu v. S.

Vel Raj18 and Commissioner of Police v. Jayasurian19 also declare the

law in the same vein, albeit in respect of different discipline and appeal

rules, that a charge-sheet need not be issued by the appointing authority;

any other authority, who is the controlling authority, can initiate

departmental proceedings by issuing a chargesheet.

26. At this stage, we are reminded of the Latin phrase stare decisis et

non queta movere meaning, stand by what has been decided and do not

disturb what has been settled. While it is true that courts are not

restrained by any principle of law from expressing a different view on a

point of law or to distinguish precedents (a topic we wish to advert to

briefly a little later), stare decisis need not be disregarded to unsettle

settled positions. We would read these precedents (referred to in

paragraphs 21 to 25, supra) as settling the law that unless the relevant

discipline and appeal rules applicable to an officer/employee of an

authority within the meaning of Article 12 of the Constitution so require,

disciplinary proceedings by issuance of a charge-sheet cannot be faulted

solely on the ground that either the Appointing Authority or the

Disciplinary Authority has not issued the same or approved it. These

precedents have stood the test of time and having full application to the

case at hand, could not have been lightly overlooked. A holistic

consideration of all these precedents by the High Court was certainly the

18
(1997) 2 SCC 708
19
(1997) 6 SCC 75

Page 14 of 26
need of the hour. Thavasippan (supra) had considered the precedents in

Shardul Singh (supra), P. V. Srinivasa Sastry (supra) and A.

Radhakrishna Moorthy (supra) and P. V. Srinivasa Sastry (supra)

was placed before the coordinate Bench in B.V. Gopinath (supra). We

are anchored in a belief that had the High Court looked into these

precedents, the conclusion would have certainly been otherwise.

27. Be that as it may, the governing rules in B.V. Gopinath (supra)

and Promod Kumar (supra) being different, notwithstanding the

similarity in language of Rule 14(3) of the Central Civil Services

(Classification, Control and Appeal) Rules, 196520 and Rule 17(3) of the

2016 Rules, reliance placed by the Division Bench on the ratio of the said

two decisions seems to be wholly inapt. An erroneous conclusion was

arrived at contrary to the settled position of law and we have no

hesitation to conclude that the impugned order is manifestly flawed and

hence, unsustainable.

ON FACTS, WAS THERE ANY INFIRMITY IN INITIATION OF DISCIPLINARY PROCEEDINGS?

28. The second reason for which we propose to hold the impugned

order to be indefensible turns on the facts.

29. It is found that during the pendency of the disciplinary proceedings

against the respondent, the 2016 Rules came into force with effect from

20
1965 Rules

Page 15 of 26
3rd February, 2016. Sub-rule (3)21 of rule 32 on ‘Repeal and Savings’

saved actions taken under the 1930 Rules. In the light thereof, although

the disciplinary authority of the respondent had initiated disciplinary

proceedings against him under the 1930 Rules, there was no obligation to

take such proceedings to a logical conclusion in terms of the 2016 Rules.

If the 2016 Rules contemplated additional safeguards over and above

what were provided by the 1930 Rules, it is debatable whether the

charged officer could, as of right, claim such safeguards to be extended

though nothing prevents the disciplinary authority in its discretion to

extend the same. Even otherwise, the Division Bench referred to Rule

17(3)22 laying down the ‘Procedure for imposing major penalties’ for the

purpose of invalidating the order of the respondent’s dismissal from

service but, in the process, completely overlooked Rule 1623 (which dealt

with ‘Authority to institute proceedings’ and inter alia empowered ‘any

21
32(3) Anything done or any action taken in exercise of the powers under the Civil
Service (Classification, Control and Appeal) Rules, 1930 and The Bihar and Orissa
Subordinate Services (Discipline and Appeal) Rules, 1935 shall be deemed to have been
done or taken in exercise of the powers conferred by or under those Rule (sic, Rules), as
if those Rules were in force on the day on which such thing or action was done or taken.

22
17(3). Where it is proposed to hold an inquiry against a Government servant under
this rule, the Disciplinary Authority shall draw up or cause to be drawn up:
i) The substance of the imputations of misconduct or misbehaviour as a definite
and distinct article of charge.
ii) A statement of the imputations of misconduct or misbehaviour in support of
each article of charge, which shall contain:-
***
23
16. The Government or Appointing Authority or any authority to which the Appointing
Authority is subordinate or any other authority empowered by general or special order of
the Government may – (a) institute disciplinary proceedings against any Government
servant; (b) direct a Disciplinary Authority to institute disciplinary proceedings against
any Government servant on whom that Disciplinary Authority is competent to impose
any of the penalties specified in rule 14 under these Rules.

Page 16 of 26
other authority’ to institute disciplinary proceedings), Rule 2(k)24 defining

Disciplinary Authority as well as Rule 32(3) (supra) of the 2016 Rules. In

the first place, the complaint of the respondent that the charge-sheet had

not been issued by the competent authority could not have been decided

looking at the 2016 Rules. Secondly, even if such Rules had any

application, still the procedure for imposing major penalties in Rule 17

could not have prevailed over the provision in rule 16 laying down the

particulars of authorities competent to institute proceedings. As per the

scheme of the 2016 Rules and in terms of Rule 16(1) thereof,

notwithstanding that the Disciplinary Authority could be subordinate to an

Appointing Authority in a given case, any authority empowered by general

or special order of the Government could have instituted disciplinary

proceedings against the respondent. In any event, assuming that Rule

17(3) was applicable, the Chief Minister himself having approved initiation

of disciplinary proceedings against the respondent, question of absence of

approval of the charge-sheet by the Chief Minister separately was a non-

issue.

30. Reverting to Rule 55 of the 1930 Rules, it is observed that the same

did not specify any particular authority to be under an obligation to issue

the charge-sheet against a civil servant. In such view of the matter and

having regard to the law settled by this Court, it is axiomatic that any

24
2(ka) Save as otherwise expressly provided in the rules of a particular cadre,
‘Disciplinary Authority’ means Appointing Authority or any other Authority authorised by
it who shall be competent under these Rules to impose on a Government Servant any of
the penalties specified in rule 14 of these Rules.

Page 17 of 26
officer holding a rank subordinate to the respondent’s appointing

authority but superior in rank than the respondent could have issued the

charge-sheet. Admittedly, the facts do reveal initiation of disciplinary

proceedings against the respondent having the approval of the Chief

Minister dated 21st March, 2014. The draft charge-sheet was part of the

proposal dated 13th January, 2014. Once the draft charge-sheet was on

record before the Chief Minister, approval of the proposal to initiate

disciplinary proceedings should have been read as including the Chief

Minister’s assent not only to the draft charge-sheet, as drawn up, but also

to the other proposals to suspend the respondent as well as appointment

of an inquiry officer and presenting officer. In such circumstances,

reference by the Division Bench to Rule 17(3) of the 2016 Rules appears

to be wholly misplaced since the charge-sheet was not issued under such

sub-Rule.

31. In a parliamentary democracy like India where the Constitution

permits each of the Governments – Central as well as the States – to

have their own Rules of Business framed, it was incumbent for the

respondent to prove to the satisfaction of the High Court with reference to

the rules prevalent in the State of Jharkhand that the procedure

prescribed thereunder for the file to be placed before the Chief Minister

was observed in the breach. Also, by referring to any other relevant law,

it ought to have been shown that the draft charge-sheet should not have

been prepared prior to the date of approval of the proposal to initiate

disciplinary proceedings and also that, such preparation should not have

Page 18 of 26
been left to be undertaken by the departmental officers; instead, the

charge-sheet should have been drafted after the proposal were approved

and that the competent authority to initiate disciplinary proceedings

should have himself proceeded to draft and issue the same. No law in this

behalf has been shown to have been breached. Therefore, no issue could

have legitimately been urged in relation to the departmental officers

entrusted with the work of preparing papers for seeking approval to

initiate disciplinary proceedings against an officer prima facie found to be

delinquent and in drafting the charge-sheet to be issued to him as part of

the requisite groundwork for the Chief Minister to signify his approval to

such proposal.

32. We, thus, find an erroneous approach having been adopted by the

High Court while dealing with the writ petition as well as the intra-court

appeal rendering its decision liable to interdiction in appeal.

WHAT IS THE REQUIREMENT OF ARTICLE 311 OF THE CONSTITUTION AND WHO SHOULD

‘DRAW UP’ OR ‘CAUSE TO DRAW UP’ THE CHARGE-SHEET?

33. The final reason for interdicting the impugned order stems from

non-consideration of Article 311(1) of the Constitution of India in its

correct perspective by the Division Bench. If one looks at Article 311(1),

the sole safeguard that it provides to any member, inter alia, of a civil

service of a State or the holder of a civil post under the State is that he

shall not be dismissed or removed by an authority subordinate to that by

which he was appointed (emphasis supplied). Clause (1) does not on its

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own terms require that the disciplinary proceedings should also be

initiated by the appointing authority. This is what Shardul Singh (supra)

and P.V. Srinivasa Sastry (supra) have articulated, with which we

wholeheartedly agree.

34. The Division Bench noticed that Rule 17(3) of the 2016 Rules were

pari materia Rule 14(3) of the 1965 Rules and, therefore, what was held

in paragraph ‘41’ of the decision in B.V. Gopinath (supra) would clearly

be applicable to resolve the controversy at hand. In B.V. Gopinath

(supra), certain office memoranda were under consideration apart from

Rule 14(3) of the 1965 Rules. Submissions advanced on behalf of the

charged officers, recorded in paragraphs ‘20’ and ‘21’, would reveal that

the Court was addressed with regard to the fact situation where approval

to initiate disciplinary proceedings had been obtained but subsequent

thereto, the charge-sheet that was drawn up had not been approved by

the Finance Minister. This is where the Division Bench again committed a

clear error in failing to appreciate the facts, which bear vital importance.

As noted above, in the present case, the draft charge-sheet was there on

record when the Chief Minister accorded his approval and there appears

to be no valid reason as to why approval of the proposal to initiate

disciplinary proceedings against the respondent would not be regarded as

grant of approval to the draft charge-sheet too. We are unhesitatingly of

the view that according approval to initiate the disciplinary proceedings

against the respondent, in this case, did amount to approval of the draft

charge-sheet.

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35. It has been observed by this Court in several decisions that each

decision is an authority for what it decides and not what could logically be

deduced therefrom. Mechanical reliance on precedents, as if they are

statutes, has been deprecated. Whenever a precedent is cited laying

down a principle of law having application to the facts of the case in hand

and having binding effect, it is customary and expected of courts to be

bound by the law declared by this Court under Article 141 of the

Constitution. However, the courts are free not to place blind reliance on

whatever precedent is cited by the parties since facts of two cases are not

seldom alike. It is the duty of the court, if it considers the precedent not

to be applicable, to refer to factual dissimilarities that are found and

thereafter to distinguish the precedent cited before it by assigning brief

but cogent reasons. It is always well to remember in this context the

dictum of this Court in Regional Manager, Food Corporation of India

v. Pawan Kumar Dubey25:

“7. ... It is the rule deducible from the application of law to the facts and
circumstances of a case which constitutes its ratio decidendi and not some
conclusion based upon facts which may appear to be similar. One
additional or different fact can make a world of difference between
conclusions in two cases even when the same principles are applied in
each case to similar facts”.

36. Since invocation of the provisions in Discipline and Appeal Rules

similar to Rule 14(3) of the 1965 Rules or Rule 17(3) of the 2016 Rules

and citing failure to adhere to the same to invalidate orders terminating

services of officers/employees is not too infrequent, we consider it proper

25
(1976) 3 SCC 334

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to briefly touch upon the requirement thereof. The Disciplinary Authority

is mandated by the law to ‘draw up’ or ‘cause to be drawn up’ the

substance of the imputations of misconduct or misbehavior as a definite

and distinct article of charge together with the statement of such

imputations. The phrases ‘draw up’ and ‘cause to be drawn up’ do have

different meanings in the context of disciplinary proceedings, though both

relate to drawing up of a charge-sheet. By ‘draw up’, what is express is

that the Disciplinary Authority itself is responsible for preparing the

substance of imputation and the statement of allegations in support

thereof, whereas ‘cause to be drawn up’ would enable the Disciplinary

Authority to instruct or direct someone else to prepare the substance and

statement. The effect of it is that the Disciplinary Authority itself may not

prepare the document but rather delegate the task to someone else. If

the delegation is proved to have been made in favour of an authority

holding an office superior to that of the officer/employee proposed to be

proceeded against, nothing much is required to be done and the courts

ought to exercise restraint.

37. Lest confusion continues to prevail, thereby obfuscating the course

of justice, we also consider it expedient to clarify as regards the efficacy

of the decisions in B.V. Gopinath (supra) and Promod Kumar (supra)

as binding precedents. Both these decisions by coordinate Benches of two

Hon’ble Judges of this Court. All other decisions on the topic are also by

Benches of coordinate strength. Before the Bench in B.V. Gopinath

(supra), out of the 6 (six) decisions referred to by us in paragraphs 21 to

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25 (supra), only the decision in Thavasippan (supra) was placed by

counsel wherein one would find reference to the earlier decision in P. V.

Srinivasa Sastry (supra). Though Thavasippan (supra) had considered

all the earlier decisions, it was not even distinguished in B.V. Gopinath

(supra). Importantly, the Bench after noting the law laid down in P. V.

Srinivasa Sastry (supra), extracted two sentences from paragraph ‘4’,

quoted above, to support the conclusion which the Bench intended to

record. Having read what P. V. Srinivasa Sastry (supra) in paragraph ‘4’

laid down and our agreement therewith, we see good reason to opine that

there could be a healthy debate on the correctness of the ratio decidendi

of the decision in B. V. Gopinath (supra), or for that matter, Promod

Kumar (supra), in the light of the precedents which were binding on the

Benches deciding the same. However, for the purpose of deciding this

appeal, we need not venture that far to declare the decisions in B. V.

Gopinath (supra) and Promod Kumar (supra) as not laying down good

law or that its efficacy as binding precedents stands eroded for not

considering the law declared in Shardul Singh (supra) on Article 311(1)

of the Constitution, as well as the other decisions that we have referred to

above, speaking in a different voice. Nonetheless, we are of the

undoubted view that whatever be the ratio decidendi of B. V. Gopinath

(supra) and Promod Kumar (supra), for its application in future cases,

the same have to be read and understood as confined to interpretation of

the rules governing the disciplinary proceedings in each of the two cases,

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the facts and law presented before the coordinate Benches, and the

exposition of law by this Court for over half a century till this date.

38. Turning focus once again to the factual narrative, it is worthy of

being noted that it was the Cabinet which approved the proposal to

dismiss the respondent. Respondent’s service having been terminated

based on such approval, the Single Judge as well as the Division Bench

should have been loath to hold the dismissal illegal on acceptance of the

specious plea raised by the respondent by its misplaced reliance on B.V.

Gopinath (supra) and Promod Kumar (supra).

39. Viewed from whichever angle, we are unable to support the finding

returned by the Single Judge, since affirmed by the Division Bench, that

the charge-sheet did not have the approval of the competent authority

though both the Benches indubitably agreed that the proposal to initiate

disciplinary proceedings did have such approval. We repeat, the entire

proposal of initiating disciplinary proceedings inclusive of the draft

charge-sheet, to suspend the respondent pending such proceedings and

the names of the officers who would conduct the inquiry and present the

case of the department in such inquiry having been approved by the Chief

Minister, the Single Judge seems to have occasioned a grave miscarriage

of justice in interfering with the order of dismissal on the wholly untenable

ground of lack of approval of the charge-sheet by the Chief Minister; and

the Division Bench, by failing to right the wrong, equally contributed to

the failure of justice.

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40. For the foregoing reasons, there can be and is little hesitation for us

to hold that the impugned order of the Division Bench upholding the

judgment and order of the Single Judge of allowing the writ petition as

well as the latter is fundamentally incorrect and patently illegal. The

judgments of the High Court under challenge, thus, cannot be sustained

in law, with the result that the writ petition of the respondent must be

and has to be dismissed.

41. Realizing the difficulty in having the impugned order sustained, as a

last-ditch effort, Dr. Singhvi contended that the respondent has been out

of service for nearly 8 (eight) years, which is sufficient punishment for

him, and that the direction of the High Court ordering his reinstatement

need not be disturbed upon recording that the respondent would not

claim any arrears of salary.

42. We are not impressed, to say the least. Prima facie, at this stage,

we see no reason to hold the order of dismissal to have been vitiated on

any count. Directing the respondent’s reinstatement despite finding no

error in the proceedings drawn up against him would render such valid

dismissal order ineffective and inoperative.

RELIEF

43. The impugned order of the Division Bench as well as the judgment

and order of the Single Judge are set aside, resulting in the respondent’s

writ petition on the file of the High Court being dismissed.

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44. However, considering the fact that the charge-sheet was interdicted

by the High Court, at both tiers, on the ground of jurisdictional error and

the respondent might not have pursued the appellate/revisional remedy

provided under the 1930 Rules/2016 Rules labouring under a

misconception that he was forced to face proceedings and answer a

charge-sheet which did not have the approval of the competent authority,

we grant him liberty to appeal against the impugned order of dismissal or

to seek a revision thereof by filing an appeal/memorial, whichever is

permissible under the relevant Rules, within a period of one month from

the date of pronouncement of this judgment. If an appeal/revision is

presented by the respondent before the competent appellate/revisional

authority within such period, the same shall be decided on merits and in

accordance with law, as early as possible, waiving the bar of limitation. All

points except the point of validity of the charge-sheet, decided by us, are

kept open.

CONCLUSION

45. The appeal, accordingly, stands allowed. Parties shall, however,

bear their own costs.

…………………………J.
(DIPANKAR DATTA)

…………………………J.
(MANMOHAN)
NEW DELHI;
MARCH 28, 2025.
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