VIGILANCE MANUAL VOLUME III - AP Online

154 DECISION -
termination of contractual service, temporary service, of
officiating post, permanent post, probationer, regular employee,
termination with notice, termination for absence, power of appointing
authority to terminate and application of Art. 311(2) of the Constitution.
Compulsory retirement (non-penal) covering different situations is
also dealt with at some length.
22. Decisions on the question of “jurisdiction of court” in writ
proceedings under Articles 226 and 32 of the Constitution of India
are dealt with copiously considering the importance of the subject.
The Digest has taken note of the observation of the Rajasthan High
Court that the disciplinary authority can be dismissed for holding
inquiry in a slipshod manner or dishonestly. Often one comes across
disciplinary authorities who deserve application of this salutary
decision. The Supreme Court held that disciplinary authority, where
it differs with the finding of not guilty of the Inquiry Officer, should
communicate reasons for such disagreement with the inquiry report,
to the Charged Officer but it is not necessary to discuss materials in
detail and contest the conclusions of the Inquiry Officer. The Apex
Court pointed out that where departmental proceedings are quashed
by civil court on a technical ground of irregularity in procedure and
where merits of the charge were never investigated, fresh
departmental inquiry can be held on same facts and a fresh order of
suspension passed.
23. Acquittal does not automatically entitle one to get the
consequential benefits as a matter of course. This is a common
misconception which the Supreme Court has clarified in a case. The
Supreme Court pointed out that departmental instructions are
instructions of prudence, not rules that bind or vitiate in violation. It
also laid down that sealed cover procedure is to be resorted to only
after charge memo / charge sheet is issued to the employee and that
pendency of preliminary investigation prior to that stage is not sufficient
to enable authorities to adopt the said procedure.