Union of India & Ors. v. S.P. Verma
[Citation -2014-LL-0211-57]

Citation 2014-LL-0211-57
Appellant Name Union of India & Ors.
Respondent Name S.P. Verma
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 11/02/2014
Judgment View Judgment
Keyword Tags departmental proceedings
Bot Summary: The dispute in this appeal relates to the validity of an order dated 18.2.1998 of dismissal passed by the appellants against respondent. The dismissal order was challenged by the respondent before the Central Administrative Tribunal who quashed the same by its order dated 17.5.2007. The appellants questioned the said order of dismissal before the High Court of Allahabad in W.P. No.30501 of 2007 which was disposed of by a Division Bench of that Court by an order dated 8.2.2008. The High Court was of the view that the Tribunal committed no error in quashing the order impugned before it but gave liberty to the Disciplinary Authority to initiate departmental proceedings in accordance with law on the happening of any of the events mentioned in the order of the Tribunal. The High Court held that since the appeal filed by the respondent-employee against the order of eviction passed by the Estate Officer had not been disposed of, the appellant would be free to take further steps in the matter once the appeal is disposed of. Admittedly, the appeal preferred by the respondent-employee under Section 9 of Public Premises Eviction of Unauthorized Occupants Act, 1971 was pending when the punishment of dismissal was inflicted on respondent-employee and on that ground the Tribunal quashed the dismissal order but gave liberty to the Disciplinary Authority to restart the proceedings after the final outcome of the appeal or the other event mentioned therein. The High Court upheld the said order of the Tribunal and in our view it rightly did so and no interference is called for with the same.


NON-REPORTABLE IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1955 OF 2014 [Arising out of Special Leave Petition (Civil) No.18724 of 2008] Union of India & Ors. .. Appellant(s) versus S.P. Verma .. Respondent(s) JUDGNMENT C. NAGAPPAN, J. 1. Leave granted. 2. dispute in this appeal relates to validity of order dated 18.2.1998 of dismissal passed by appellants against respondent. dismissal came as measure of punishment for proved misconduct on account of respondent having occupied parcel of land owned by Indian Railways with whom respondent was employed at relevant point of time. dismissal order was challenged by respondent before Central Administrative Tribunal who quashed same by its order dated 17.5.2007. appellants questioned said order of dismissal before High Court of Allahabad in W.P. No.30501 of 2007 which was disposed of by Division Bench of that Court by order dated 8.2.2008. High Court was of view that Tribunal committed no error in quashing order impugned before it but gave liberty to Disciplinary Authority to initiate departmental proceedings in accordance with law on happening of any of events mentioned in order of Tribunal. High Court held that since appeal filed by respondent-employee against order of eviction passed by Estate Officer had not been disposed of, appellant would be free to take further steps in matter once appeal is disposed of. 3. When matter was listed on 23.11.2012, learned Additional Solicitor General submitted that appeal filed by respondent-employee has since been dismissed and order of eviction passed by Estate Officer has thereby attained finality as no further proceedings have been taken by employee and there is no impediment for further action to be taken against respondent-employee in accordance with liberty reserved to appellants by Tribunal as also by High Court. 4. Considering facts and circumstances of case, this Court provided option to parties to find suitable middle course that meets ends of justice making another round of long drawn proceedings unnecessary and matter was periodically adjourned to various dates. 5. From submissions now made by Mr. Rakesh K. Khanna, learned Additional Solicitor General appearing for appellants and Mr. B.K. Mishra, learned counsel appearing for respondent, we come to know that no amicable solution could be reached between parties in spite of long passage of time and matter has to be dealt with on merit. Admittedly, appeal preferred by respondent-employee under Section 9 of Public Premises Eviction of Unauthorized Occupants Act, 1971 was pending when punishment of dismissal was inflicted on respondent-employee and on that ground Tribunal quashed dismissal order but gave liberty to Disciplinary Authority to restart proceedings after final outcome of appeal or other event mentioned therein. High Court upheld said order of Tribunal and in our view it rightly did so and no interference is called for with same. 6. appeal lacks merit and is dismissed. ..................................J. (T.S. Thakur) .................................J. (C. Nagappan) New Delhi; February 11, 2014. ITEM NO.1A COURT NO.6 SECTION XI S U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGS C.A.No.1955 of 2014 @ Petition(s) for Special Leave to Appeal (Civil) No(s).18724/2008 UNION OF INDIA & ORS. Appellant(s) VERSUS S.P.VERMA Respondent(s) Date: 11/02/2014 This appeal was called on for Judgment today. For Appellant(s) Ms.Gunwant Dara, Adv. Mr.D.S.Thakur, Adv. Mr.S.N.Terdal, Adv. Mrs Anil Katiyar, Adv. For Respondent(s) Mr. P.Vinay Kumar, Adv. Hon'ble Mr.Justice C.Nagappan pronounced Judgment of Bench comprising Hon'ble Mr.Justice T.S.Thakur and His Lordship. Leave granted. appeal is dismissed in terms of signed Judgment. (Satish K.Yadav) (Sharda Kapoor) Court Master Court Master ( Signed non-reportable judgment is placed on file ) Union of India & Ors. v. S.P. Verma
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