AIROnline 2025 SC 275

Supreme Court Of India

(From : AIROnline 2022 Del 1324)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Manoj Misra , JJ

Constitution of India , Art.309— Central Civil Services (Classification, Control and Appeal) Rules (1965) , R.14— Punishment of demotion in rank - Setting aside of - Issuance of fresh disagreement notice - Legality - Appellant,Assistant Commissioner of Police was punished for dereliction of duty during Anti-Sikh Riots in 1984 that erupted on assassination of the then Prime Minister - High Court set aside order of punishment but granted liberty to issue fresh disagreement note - Disciplinary proceedings were initiated after 8 years of incident by which time appellant had already earned his promotion - Inquiry officer had found that charges were not duly proved - Disagreement note was cryptic and ignored vital aspects that were considered by Inquiry Officer in his report - In his evidence, appellant's immediate senior had applauded work of appellant under circumstances prevailing at the relevant point of time - Incident had occurred about 38 years ago and appellant had retired from service and was now aged about 80 years - It would be injustice to punish police officers who though might not have delivered desired result, had done their best, commensurate to resources available to them at relevant time - Order of High Court giving liberty to disciplinary authority to issue fresh disagreement note, and proceed accordingly, was set aside AIROnline 2022 Del 1324-Reversed ....