Wrong concessions on question of law are not binding: SC

New Delhi, Mar 5 (UNI) The Supreme Court has held that wrong concessions of a counsel on a pure question of law is not binding upon a party.

A bench comprising Mr Justice S B Sinha and Mr P K Balasubramanyan, wide their judgement dated February 24, 2006 have also modified the punishment given to the then Deputy Commandant 42 bn of Central Reserve Police Force (CRPF) confining it only to the reduction of pay to minimum of the time scale of pay for a period of three years with cumulative effect.

The Supreme Court, however, modified the High Court order by holding that there shall be no break in seniority of the respondent SC Parashar who has since been promoted to the rank of commandant.

The department shall not also recover 25 per cent of the cost of the damaged caused to new Maruti Gypsy given to him in December 1992 for performing official duty as offer-in-charge of DAGOs in Delhi in connection with 53rd CRPF anniversary parade.

Parashar was driving Maruti unauthorisedly and at a very high speed and met with a serious accident when his vehicle collided with a stationary truck on the national highway number 8.

The driver of the gypsy Lance Naik Anand Singh suffered serious injuries. The respondent left Anand Singh unattended in unconscious state, and left the damaged vehicle without informing his superiors about the accident.

During the hearing Parashar had contended that since his driver was heavily drunk he had to drive the vehicle himself at night.

The court also indicted the disciplinary authority by holding that it acted illegally and without jurisdiction in imposing both minor and major panleties by the same order. Such a course of action could not have been taken in law, it said.

The court also held that the concession of counsel appearing for the appellant namely the Central government before the High Court was apparently erroneous.

It is now well settled that wrong concession made by a counsel before the court cannot bind the parties when statutory provisions clearly provide otherwise.

UNI AKS/ SC SK PC1217