Legal Provisions Involved: Principles of natural justice in departmental inquiries; judicial review of disciplinary proceedings; reliance on Sawai Singh vs. State of Rajasthan (1986). Article 32 and 226 of Constitution of India

Judgement by: Supreme Court of India

Judge/Bench: Justice K.V. Viswanathan and Justice Vipul M. Pancholi

Facts

The employee was working as an attender in a district court since 1998. In 2017, he was absent for a few days due to illness and submitted a handwritten medical certificate from a local doctor. During verification, the doctor said the signature on the certificate was not his, but he admitted that he had treated the employee. 

A departmental inquiry was started for unauthorised absence and submitting a fake certificate. Based mainly on the doctor’s denial, the employee was dismissed from service. 

The High Court upheld this decision.

Key Legal Provisions

Principles of natural justice in departmental inquiries; judicial review of disciplinary proceedings; reliance on Sawai Singh vs. State of Rajasthan (1986).

Article 32 and 226 of Constitution of India

Issues Raised

Was there enough reliable evidence to prove that the medical certificate was fabricated?

Arguments of the case

The employee argued that no proper verification, such as signature comparison or expert opinion, was done. The authorities relied only on the doctor’s statement.

Judgement

The Supreme Court said that when the charges are serious, authorities must be extra careful and examine the evidence properly. Since no proper verification was done, the finding was based on guesswork. The Court set aside the dismissal and ordered that the employee be reinstated with full salary and benefits.

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