Appointing authority need not initiate disciplinary action
The appointing authority need not always required to initiate disciplinary proceedings against a state employee, says the Supreme Court (SC) in The State of Jharkhand & Others v Rukma Kesh Mishra [2025 INSC 412].
Appointing authority need to sanction dismissal
Referring to Article 311(1) of the Constitution, the SC clarified that while the appointing authority’s approval is necessary for dismissal, it is not required for initiating disciplinary action.
Disciplinary action can be initiated by any superior officer
The SC clarified that disciplinary proceedings may be initiated by any superior authority, not solely by the appointing authority unless explicitly required by the rules.
Not to dismiss without approval of Appointing authority
The SC states that the sole safeguard Article 311(1) of the Constitution provides to any member, inter alia, of a civil service of a State or the holder of a civil post under the State is that he shall not be dismissed or removed by an authority subordinate to that by which he was appointed (emphasis supplied). The Clause (1) does not on its own terms require that the disciplinary proceedings should also be initiated by the appointing authority.
The previous case law referred to
The SC referred to the decision in P. V. Srinivasa Sastry v Comptroller and Auditor General [1993 (1) SCC 419] where it was reiterated that a departmental proceeding need not be initiated only by the appointing authority and that initiation by a subordinate authority, in the absence of rules, is not vitiated.
Reference
- The State of Jharkhand & Others v Rukma Kesh Mishra [2025 INSC 412]
