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Supreme Court of India 2022-07-06 allowed

Union of India and Ors vs Sharvan Kumar

Bench: 2 — Dinesh Maheshwari

In Brief

An Electric Locomotive Driver (respondent) was removed from railway service for overshooting a signal and endangering railway operations. The disciplinary proceedings were quashed and remitted by the Central Administrative Tribunal with a two-month completion deadline. The respondent challenged the subsequent removal order, arguing the proceedings became null when not completed within the prescribed period and the Tribunal rejected an extension request. The High Court agreed and reinstated him with 50% back wages. The Supreme Court held that time periods fixed by courts/tribunals for procedural completion, without explicit consequences stated, do not automatically nullify proceedings upon expiry. Such periods operate as expectations for expedious completion, not rigid mandates. The proceedings neither abated nor became nullity. The Court restored the Tribunal's order and permitted the respondent to appeal the removal order on merits."/>

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Administrative Law Disciplinary Proceedings Railway Service Tribunal Jurisdiction Time Limits in Proceedings Procedural Law

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