Law: Service Tribunals Act, 1973

Section: 5

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 3(b),3(c),4(1)(b)(iv)

(a) Service Tribunals Act (LXX of 1973)--- ----S.5---Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 3(b), 3(c) & 4(1)(b)(iv)---Misappropriation, embezzlement, dishonesty and cheating---Service Tribunal, powers of---Scope---Service Tribunal converting dismissal from service awarded by department authority into compulsory retirement with all pensionary benefits---Legality---Service Tribunal held that the department was justified in finding the respondent guilty of misconduct, corruption, misappropriation, embezzlement, dishonesty and cheating etc, but surprisingly, after having recorded said findings arrogated to itself the jurisdiction to modify the penalty of dismissal from service to compulsory retirement---Under S. 5 of the Service Tribunals Act, 1973 the Tribunal enjoyed powers to modify any order passed by the departmental authorities but such power was required to be exercised carefully, judiciously and after recording reasons for the same---In the present case, the penalty in question had been imposed by the departmental authority on the basis of established charges and the major penalty of dismissal from service was imposed upon him in accordance with the law and the rules---In these circumstances, it was not understandable as to how and from where the Tribunal derived the authority to exercise a power in favour of the respondent in such an arbitrary unstructured and whimsical manner---Exercise of jurisdiction by the Tribunal was without any lawful authority whatsoever, specially so where no reasons, let alone cogent had been assigned for exercise of jurisdiction by the Tribunal---Appeal was allowed, of Service Tribunal was set-aside and penalty of dismissal from service imposed by departmental authorities was restored. (b) Administration of justice--- ----Courts/Tribunals---Relief, grant of---Adherence to the Constitution and the law---Scope---All Courts/Tribunals seized of matters before them were required to pass orders strictly in accordance with the parameters of the Constitution, the law and the rules and regulations lawfully framed under the law---No Court had any jurisdiction to grant arbitrary relief without the support of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492