Dismissal from service be passed with application of mind:SC

New Delhi, Jun 4 (UNI) The Supreme Court has held that the order of dismissal from service passed mechanically without proper application of mind cannot be sustained.

The apex court ruling came on a petition filed by Indian Oil Corporation Ltd.(IOCL) challenging the Punjab and Haryana High Court directing it to reinstate the respondent Santosh Kumar who was dismiised as Assistant Manager(Operation) on the charges of fraud and irregular supply of high speed diesel to purchasers.

A bench comprising Mr Justice A R Lakshmanan and Mr Justice Lokeshwar Singh Panta vide judgment dated May 22 set aside the High Court direction ordering reinstatement into service with continuity in service and all consequential benefits.

The apex court also quashed the dismissal order passed by the Disciplinary Authority (DA) and affirmed by the Appellate Authority on the grounds that both the orders revealed total non-application of mind by the Appellate Authority.

The court remitting the matter back to the DA with directions to consider the material placed before it afresh and decide the case affording hearing to both the parties.

The court, however, directed the DA to consider the entire case only on the basis of records already available and the respondent is not permitted to place any further material on record before the DA.

The DA has been directed to decide the case within three months.

The respondent Santosh Kumar was dismissed from service in 1999.

The High Court had also allowed the appeal of the respondent holding that the orders passed by the DA and Appellate Authority were cryptic and non-speaking and were liable to be set aside on the ground of non-application of mind.

UNI/AKS/SC AT HT1105