Supreme Court Clarifies Scope of Article 311: Appointing Authority Not Required to Initiate Disciplinary Proceedings
Supreme Court Clarifies Scope of Article 311: Appointing Authority Not Required to Initiate Disciplinary Proceedings Author: Abhishek Jat, Advocate The Supreme Court has elucidated the scope of Article 311 of the Constitution, holding that while dismissal of a government servant requires the authority of the appointing body, initiation of disciplinary proceedings need not emanate from the same source. In a significant ruling that refines administrative jurisprudence, a Division Bench comprising Justices Dipankar Datta and Manmohan allowed an appeal by the State of Jharkhand, reversing the High Court's decision that had invalidated a government servant's dismissal on procedural grounds. Factual Matrix and Procedural History The respondent, a state employee, faced allegations of financial malfeasance, forgery, and dereliction of duty. In 2014, the Deputy Commissioner of Koderma initiated disciplinary proceedings, formulating a draft charge sheet containing nine counts o...