UNION OF INDIA & ORS. versus R. SHANKARAPPA
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[2025] 7 S.C.R. 1622 : 2025 INSC 898 Union of India & Ors. v. R. Shankarappa (Civil Appeal No. 9852 of 2025) 25 July 2025 [Sanjay Kumar and Satish Chandra Sharma,* JJ.] Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court that in cases where a charge-sheet has been issued u/r.14 of the CCS CCA Rules, by authority empowered to inflict minor penalties, then the charge memo has to be approved by the authority competent to inflict major penalty. Headnotes† Central Civil Services (Classification, Control & Appeal) Rules, 1965 – rr.14, 13(2) – Procedure for imposing major penalties – Case relating to the trap case and the case of possessing assets disproportionate to known source of income against the government employee – Disciplinary proceedings against him – Issuance of chargesheets u/r.14, for imposing major penalties by the General Manager – Applications before the tribunal that the charge-sheets have been issued by an authority competent to inflict only minor penalties, thus, as the charge-sheet not issued with the approval of the disciplinary authority empowered to inflict major penalty, the charge-sheet itself is void; and to declare that the proceedings initiated under charge memos issued by the General Manager as void-ab-initio for want of approval from the appointing authority – Dismissal of the applications – However, the High Court allowed the writ petition by the employee holding that in cases where a charge-sheet has been issued u/r.14, by an authority empowered to inflict minor penalties, then the charge memo has to be approved by the authority which is competent to inflict major penalty – Correctness: * Author [2025] 7 S.C.R. 1623 Union of India & Ors. v. R. Shankarappa Held: Authority empowered to inflict minor penalties (in the instant case, the General Manager) can certainly issue a charge-sheet even for imposition of major penalties – There has been no violation of any statutory provision of law and the disciplinary proceedings were conducted strictly in consonance with procedure prescribed under the Rule – Initiation has been done by the General Manager and, thus, the issuance of charge-sheet by General Manager could not have been faulted upon by the High Court – Guilt of the respondent after following due process of law established – Inquiry does not suffer from any procedural irregularity and the charge-sheet has been issued by the competent disciplinary authority – Final order has been passed after following the due process of law by the competent disciplinary authority empowered to inflict major penalty and, thus, the tribunal rightly dismissed the application – Impugned order passed by the High Court set aside and proceedings initiated under charge memos both issued by General Manager held to be validly initiated. [Paras 13, 14, 16-19] Case Law Cited Union of India and Others v. B.V. Gopinath [2013] 14 SCR 185 : (2014) 1 SCC 351 – distinguished. List of Acts Central Civil Services (Classification, Control & Appeal) Rules, 1965; Prevention of Corruption Act, 1988. List of Keywords Charge-sheet; Authority empowered to inflict minor penalties; Charge memo; Approval by the authority competent to inflict major penalty; Trap case; Case of possessing assets disproportionate to his known source of income; Disciplinary proceedings; Procedural irregularity. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9852 of 2025 From the Judgment and Order dated 18.11.2022 of the High Court of Karnataka at Bengaluru in WP No. 14475 of 2022 1624 [2025] 7 S.C.R. Supreme Court Reports Appearances for Parties Advs. for the Appellants: K.M. Nataraj, A.S.G., Sudarshan Lamba, Piyush Beriwal, Arkaj Kumar, Padmesh Mishra, Ms. Bani Dkshit, Shailesh Madiyal, Anuj Srinivas Udupa, Amrish Kumar. Advs. for the Respondent: P.A. Kulkarni, Ms. Punam Kumari. Judgment / Order of the Supreme Court Judgment Satish Chandra Sharma, J. 1. Leave granted. 2. The present appeal is arising out of judgment and order dated 18.11.2022 in Writ Petition No. 14475/2022 (hereinafter referred to as, “Impugned Order”) passed by High Court of Karnataka at Bengaluru (hereinafter referred to as, “High Court”) by which the High Court has set aside the order passed by the Central Administrative Tribunal, dated 23.06.2022, in Original Application No. 170/00457/2021. 3. The facts of the case reveal that the respondent, Sri R. Shank
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