Date:30/04/2007 URL: http://www.thehindu.com/2007/04/30/stories/2007043003221300.htm

National

`No need to consult UPSC on disciplinary action'

Legal Correspondent

Failure to consult UPSC or State Commission will not invalidate punishment

New Delhi: Prior consultation with the Union or State Public Service Commission is not necessary to initiate disciplinary action against a delinquent employee, the Supreme Court has held.

A Bench consisting of Justices H.K. Sema and V.S. Sirpurkar said: "There is no constitutional right for a public servant to insist that the Union Public Service Commission or the State Public Service Commission should be consulted before any disciplinary action is taken against a government employee." Failure of the Government to consult the UPSC or the State Commission would not in any manner invalidate the punishment imposed.

Appeals allowed

The Bench was allowing a batch of appeals filed by the Union Government against the decisions of various High Courts, which had held that Article 320 (3) (c) of the Constitution provided for prior consultation by the Government with the respective commission.

Writing the judgment, Justice Sema said, "The provisions of Article 320 (3) (c) are not mandatory and they do not confer any right on the public servant." The absence of consultation or any irregularity in the consultation process or furnishing a copy of the UPSC advice, if any, did not afford the delinquent servant a cause of action in court.

In the instant case, the Central Administrative Tribunal and the Gujarat High Court quashed the disciplinary action against T.V. Patel, a sub-divisional officer, Telephones. They upheld his contention that under Article 320 (3) (c) a copy of the UPSC recommendation ought to have been given to him before action was initiated.

The appeals, which arose out of a common question of facts, were disposed of by this order.