Delhi High Court Quashes Disciplinary Chargesheet Against S K Jasra for Lack of Authority Approval

The court affirms that the chargesheet issued without the Disciplinary Authority's approval is non-existent in law and cannot be validated by subsequent actions.  

In a significant ruling, the Delhi High Court dismissed a petition filed by the Union of India, challenging the Central Administrative Tribunal's order which had set aside a disciplinary chargesheet against S K Jasra, a former Joint Director in the Directorate of Pay, Pension and Regulations, Air Headquarters, Ministry of Defence. The chargesheet, dated March 24, 2009, was deemed invalid as it lacked the necessary approval from the competent authority, the Hon'ble Raksha Rajya Mantri.  

The bench, comprising Justices Navin Chawla and Madhu Jain, highlighted that the chargesheet issued under Rule 14 of the CCS (CCA) Rules, 1965, was non est in the eye of the law because it did not have the required approval. The court emphasized that subsequent actions or post facto approvals could not validate such a chargesheet.  

The case originated from complaints filed in 2007 by Smt. Nirmala Devi against Jasra, alleging inappropriate behavior. After an internal investigation and a report from the Sexual Harassment Complaints Committee, a chargesheet was issued in 2009. However, the tribunal found that it lacked the Disciplinary Authority's approval, a prerequisite under Rule 14(3) of the CCS (CCA) Rules.  

Citing the Supreme Court's judgment in Union of India v. B.V. Gopinath, the court reiterated that a chargesheet must be approved by the competent authority to be valid. It further stated that the interpretation of Rule 14(3) by the Supreme Court applies to all cases, regardless of when they were initiated.  

The court also dismissed arguments regarding estoppel, res judicata, and public interest, asserting that these principles cannot breathe life into a proceeding that is non-existent by law. The court's decision underscores the legal protections for government servants under Article 311 of the Constitution, ensuring disciplinary actions are conducted with proper authority and adherence to procedural rules.  

The ruling serves as a reminder of the importance of following statutory requirements in disciplinary proceedings within the civil services, and the judiciary's role in upholding these standards.  

Bottom Line:

Chargesheet issued under Rule 14 of CCS (CCA) Rules, 1965, without approval of competent authority, is non est and cannot be validated by subsequent actions.

Statutory provision(s): Administrative Tribunals Act, 1985 Section 20, CCS (CCA) Rules, 1965, Rule 14(3)

Union of India Through Secretary v. S K Jasra, (Delhi)(DB) : Law Finder Doc Id # 2792316