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by Admin
06 December 2025 8:02 AM
“Misplaced Reliance on B.V. Gopinath Cannot Derail Valid Action under CCS Rules” — Supreme Court Slams High Court for Misreading Statutory Framework while delivered a significant ruling in the case of Union of India & Others v. R. Shankarappa (Civil Appeal arising out of SLP (C) No. 7149 of 2023), upholding the authority of a minor-penalty-competent disciplinary officer to initiate proceedings for major penalties under Rule 14 of the CCS (CCA) Rules, 1965.
The Court set aside the Karnataka High Court’s order dated 18 November 2022, which had quashed disciplinary proceedings initiated against a retired Sub Divisional Engineer of the Department of Telecommunications, on the ground that the charge-sheet had not been issued by the authority competent to impose a major penalty.
“An authority empowered to impose minor penalties is not precluded from instituting disciplinary proceedings for major penalties under Rule 13(2) of the CCS CCA Rules. The High Court’s contrary reading is untenable,” observed the Bench comprising Justice Satish Chandra Sharma and Justice Sanjay Kumar.
The respondent, R. Shankarappa, was working as a Sub Divisional Engineer, Group 'B', in the Department of Telecommunications, Karnataka LSA, Bengaluru. He retired on May 31, 2018, after attaining the age of superannuation. His disciplinary history, however, was mired in serious charges.
In 2003, he was prosecuted in two corruption cases by the Central Bureau of Investigation:
Special CC No. 42/2003 – For offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 — involving an alleged bribe demand of ₹1 lakh.
Special CC No. 92/2003 – Under Section 13(1)(e) read with Section 13(2) of the PCA — for possessing disproportionate assets.
Shankarappa was convicted in both cases. He challenged the convictions before the High Court in Criminal Appeals Nos. 195/2014 and 277/2014, and secured a stay of conviction and sentence in April 2014. The criminal appeals remain pending.
Parallel to the criminal trial, the Department initiated disciplinary proceedings under Rule 14 of the CCS CCA Rules, issuing two charge-sheets:
Dated 27.05.2006 concerning the trap case,
Dated 04.12.2008 concerning the disproportionate assets case.
Both charge-sheets were issued by the Principal General Manager, BGTD, an officer competent to impose only minor penalties under Appendix 3 of the CCS Rules.
The respondent then launched a series of six Original Applications before the Central Administrative Tribunal (CAT), Bengaluru, in an attempt to stall or nullify the departmental inquiry. After several rounds of litigation, he again moved O.A. No. 170/00457/2021, claiming that the charge-sheets were void ab initio, as they were not approved by the Member, Telecommunications Commission, who was the competent authority to impose major penalties.
The CAT dismissed this challenge, holding that initiation of proceedings by the General Manager was valid, even if he could not impose the final penalty. However, on appeal, the Karnataka High Court disagreed and quashed the charge-sheets, relying heavily on the precedent in Union of India v. B.V. Gopinath, (2014) 1 SCC 351.
The primary issue was whether a charge-sheet under Rule 14 of the CCS Rules for major penalties could be initiated by an authority who was only competent to impose minor penalties, without approval from the higher authority.
The respondent argued that “as per Gopinath, charge memos under Rule 14 must be approved by the appointing authority competent to impose the major penalty”. The Union of India contended that such an approval was not mandatory unless expressly prescribed, and that Rule 13(2) itself allowed minor penalty authorities to institute proceedings for major penalties.
Rejecting the High Court’s reading of B.V. Gopinath, the Supreme Court observed: “The High Court has relied on Gopinath (supra) without noting that the said case involved an Office Order requiring ministerial approval, which is absent in the present context.”
The Court emphasised that the Department of Telecommunications had no such administrative instruction requiring prior approval from the Member (Telecom Commission) before issuing a charge-sheet.
More crucially, the Court held that the statutory framework itself settled the issue. Citing Rule 13(2) of the CCS (CCA) Rules: “A disciplinary authority competent to impose minor penalties may institute disciplinary proceedings for major penalties notwithstanding that such disciplinary authority is not competent to impose the latter penalties.”
This rule, read with Rule 14 and Appendix 3, makes it clear that initiation by the General Manager was valid.
The Court noted: “There is no violation of any statutory provision of law. The disciplinary proceedings were conducted strictly in consonance with the procedure prescribed.”
The Bench concluded that even if the General Manager was not empowered to impose a major penalty, he was legally authorised to initiate the process, provided the final order was passed by the higher authority.
“The charge-sheet was issued by a competent disciplinary authority under the Rules. The final order was passed after following due process by the competent authority. The CAT rightly dismissed the OA. The High Court committed a legal error in setting it aside.”
The Supreme Court allowed the appeal and restored the validity of both charge-sheets. It categorically held that:
“The proceedings initiated under charge memos dated 27.05.2006 and 01.12.2008 issued by the Principal General Manager are held to be validly initiated.”
The judgment marks an important reaffirmation of textual interpretation of service rules and a rebuttal of over-technical readings that frustrate disciplinary accountability.
By clarifying that Rule 13(2) is self-contained and sufficient, the Supreme Court ensured that service discipline is not defeated by hyper-formalistic objections or misapplication of precedents.
Date of Decision: July 25, 2025
