MAN SINGH versus STATE OF HARYANA & ORS.

Citation: [2008] 7 S.C.R. 445 · Decided: 01-05-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2008) 7 S.C.R. 445 
~ 
MAN SINGH 
A 
v 
STATE OF HARYANA & ORS. 
CIVIL APPEAL NO. 3186 OF 2008 
MAY 1, 2008 
B 
... 
(S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.) 
Service Law: 
Misconduct - Dereliction. of duties and indiscipline -
Police party headed by appellant, a sub inspector, in a c 
Government vehicle entering in the State of Andhra Pradesh 
- Excise authorities recovering bottles of Indian Made Foreign 
Liquor in dicky of the vehicle driven by Head Constable -
Initiation of criminal proceedings against erring Head 
Constable and departmental proceedings against the D 
-""' 
appellant and the Head Constable -
Departmental 
proceeding resulting in exonerating the errant Head Constable 
mainly on ground of his acquittal in the criminal case, but 
appellant was found guilty of committing serious misconduct 
- Correctness of- Held: In the facts and circumstances of the 
E 
case, order of the disciplinary authority imposing punishment 
upon appellant for dereliction of duties as a/so order of 
appellate authorities confirming the order are unfair - High 
Court failed to formulate the legal questions raised by the 
~-
appellants and dismissed the second appeal by unreasoned 
F 
iudgment - Hence, ·the judgment of the High Court confirming 
the judgment and decree of the Courts below set aside - Code 
of Civil Procedure, 1908 - S.100- Constitution of India, 1950 
- Arlicle 142. 
Non-formulation of substantial question of law by High 
G 
Courl - Effect of - Discussed. 
-:J 
Constitution of India, 1950 -Article 14 - Scope of -
Discussed. 
445 
H 
446 
SUPREME COURT REPORTS 
(2008] 7 S.C.R. 
+---
A 
Doctrines: 
Doctrine of 'equality and fair play' - Applicability of 
Appellant, a Sub-Inspector in Haryana Police, 
deputed as incharge of the Police party comprising of one 
B Assistant Sub-Inspector and two Head Constables for 
repair and fitting of Jammers in the Government vehicles 
at Hyderabad. One of the Head Constable who was driving 
the vehicle allegedly purchased 12 bottles of Indian Made 
Foreign Liquor (IMFL:) at Kota (Rajasthar:i) and allegedly 
c concealed the consignment of liquor in the dicky of the 
vehicle without the knowledge of the appellant. On 
checking the vehicle, Officers of the Excise Department 
of State of Andhra Pradesh recovered 12 bottles of liquor 
from the dicky of the vehicle and registered a case against 
D the said Head Constable for transporting liquor in violation 
of the prohibitory orders of the State Government. In the 
,A. 
departmental proceedings initiated against the appellant 
and the errant Head Constable, the Inquiry Officer found 
him guilty of the charges of dereliction of duties and 
E indiscipline and a show cause Notice was issued to him. 
Authorities found him guilty of committing misconduct 
imposed punishment of stoppage of two annual 
increments with permanent effect upon him. Appeal filed 
thereagainst by the appellant was dismissed by the 
appellate authority and Revision petition was dismissed 
""" 
F by the Director General of Police. Aggrieved, the appellant 
filed a declaratory suit with consequential relief of 
permanent injunction restraining the respondent from 
implementing the order of the authorities. The suit was 
dismissed by the trial Court. The appeal preferred 
G 
.. 
thereagainst was dismissed by the first appellate Court. 
The second appeal preferred by the appellant was 
\--
dismissed by the Single Judge of the High Court. Hence, 
the present appeal. 
H 
Allowing the appeal, the Court 
MAN SINGH v. STATE OF HARYANA & ORS. 
447 
HELD: 1.1 On reading the judgment of the High Court, A 
it becomes clear that the High Court has not framed the 
substantial questions of law as raised by the appellant 
before it in terms of proviso to Section 100, sub-section 
(5) of the Code of Civil Procedure and dismissed the 
; 
Second Appeal in slip shot manner without assigning any B 
,l 
independent reason. (Para - 16) [447-E, F] 
1.2 This Court has independently examined the entire 
material on record and found that the appellant had filed 
a detailed reply to the show-cause notice dated 18.03.1997 
and in support of his defence, he filed statement of the c 
delinquent Head Constable dated 30.07 .1996 about 
purchasing of 12 bottles of Indian Made Foreign Liquor 
(IMFL) and their seizure by the officers of the Excise 
Department of the State of Andhra Pradesh for violation 
. .i 
of provisions under the Prohibition Act. (Para - 17) D 
[455-F, G; 456-A, B, C] 
1.3 I

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