Mere Non- Supply Of Documents Not A Ground To Set Aside Disciplinary Proceedings If It Did Not Cause Any Prejudice To Delinquent Employee : Supreme Court

The Supreme Court observed that mere non-supply of documents to deliquent employee cannot be a ground to set aside disciplinary proceedings.

"Mere non-supply of the documents which may not have resulted any prejudice caused to the employee, the order passed by the disciplinary authority cannot be set aside", the bench of Justices MR Shah and Krishna Murari observed.

In this case, the High Court of Punjab and Haryana at Chandigarh allowed the second appeal preferred by the employee and set aside the punishment imposed by the disciplinary authority on the ground that some documents were not supplied to the delinquent.

While considering the appeal, the Apex Court bench noted that as such there is no finding that nonsupply of some documents has resulted into any prejudice caused to the delinquent-employee.

"From the impugned judgment and order passed by the High Court, it appears that the High Court has set aside the order passed by the disciplinary authority solely on the ground that some documents were not supplied to the delinquent. However, it is required to be noted that as such there is no finding that nonsupply of some documents has resulted into any prejudice caused to the delinquent-employee. Mere non-supply of the documents which may not have resulted any prejudice caused to the employee, the order passed by the disciplinary authority cannot be set aside.", the bench observed.

The bench, while allowing the appeal, however, modified the punishment of witholding four increments to withholding of two increments. This is after bench took into account the nature of the misconduct and the fact that the employee has died.

Case details

State of Punjab vs Nachhattar Singh(D) | 2022 LiveLaw (SC) 901 | CA 7257 OF 2022 | 13 October 2022 | Justices MR Shah and Krishna Murari

Counsel For Petitioner(s) : Ms. Rooh-e-hina Dua, AOR Mr. Harshit Khanduja, Adv. Mr. Kanishak Bunderwal, Adv.

Counsel For Respondent(s): Mrs. K. Sarada Devi, AOR

Headnotes

Disciplinary Proceedings - Mere non-supply of the documents which may not have resulted any prejudice caused to the employee, the order passed by the disciplinary authority cannot be set aside.

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