In Brief
An aviation officer posted at an air force station was issued a charge-sheet by the Deputy General Manager in 1993 for negligence in duty, followed by a second charge-sheet in 1994 for absence. After departmental proceedings, he was discharged (not dismissed) from service. He challenged this in a writ petition, arguing the charge-sheet was incompetent because only the Functional Director could issue it. The High Court agreed and ordered reinstatement. The Supreme Court held that since the actual punishment was discharge (not dismissal), the Functional General Manager could validly issue the charge-sheet under the delegation of authority manual. The charge-sheet was competent; the High Court's direction to set it aside and issue a fresh one was unsustainable. The Corporation's appeal was allowed and the employee's appeal dismissed.
The lawyer headnote and full judgment text are available to registered users.