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Wile referring to the application of Doctrine of Equality in a case where officers/employees were accused of misconduct, the Supreme Court has held that the role of the each individual officer even with respect to the same misconduct is required to be considered in light of their duties of office.

"Even otherwise, merely because some other officers involved in the incident are exonerated and/or no action is taken against other officers cannot be a ground to set aside the order of punishment when the charges against the individual concerned - delinquent officer are held to be proved in a departmental enquiry...", said a bench of Justices MR Shah and BV Nagarathna.

There cannot be any claim of negative equality in such cases, further held the bench.

State of Uttar Pradesh filed an appeal before the Top Court assailing an order of the U.P. State Public Service Tribunal whereby the claim petition of the respondent employee, Rajit Singh came to be allowed and the order passed by the Disciplinary Authority imposing the penalty/punishment came to be set aside.

Earlier, the Allahabad High Court had also refused to set aside the said order of the Tribunal, which the state challenged before the Top Court.

Rajit was serving as a Junior Engineer at Balia. An enquiry was conducted by a Departmental Task Force where it was found that he had committed financial irregularities causing loss to the Government. Disciplinary proceedings were initiated against him and others. The Enquiry Officer held the charges levelled against him as proved and consequently also held the misconduct proved.

The Disciplinary Authority concurred with the findings recorded by the Enquiry Officer and passed an order of recovery of Government loss of Rs. 22,48,964.42/- as per the rules from the salary; temporarily stopping two salary increments and the remarks given for the year 2017-2018.

A representation filed before the State Government by Rajit which came to be rejected.

Later in a Claim Petition filed before the Tribunal challenging the said order of punishment was quashed mainly on the ground of Doctrine of Equality and also on the ground that the enquiry conducted was in breach of principles of natural justice in as much as the relevant documents mentioned in the charge sheet were not supplied to the delinquent officer.

The tribunal also held that as other officers involved in the incident were exonerated and/or no action was taken against them, therefore, no action was warranted against respondent also.

This view came to be rejected by the Top Court. 

"..in a case where it is found that the enquiry is not conducted properly and/or the same is in violation of the principles of natural justice, in that case, the Court cannot reinstate the employee as such and the matter is to be remanded to the Enquiry Officer/Disciplinary Authority to proceed further with the enquiry from the stage of violation of principles of natural justice is noticed...", observed the bench.

Accordingly, the findings recorded by the Tribunal as well as the High Court in quashing and setting aside the order of punishment imposed by the Disciplinary Authority by applying the Doctrine of Equality were quashed and set aside.

However, as the enquiry was found to be vitiated due to violation of the principles of natural justice, the bench went on to remand the matter to the Disciplinary Authority to conduct a fresh enquiry from the stage it stood vitiated.

Case Title: The State of Uttar Pradesh and Ors. v. Rajit Singh