UNION OF INDIA Vs. DINANATH SHANTARAM KAREKAR
LAWS(SC)-1998-7-84
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on July 30,1998

UNION OF INDIA Appellant
VERSUS
DINANATH SHANTARAM KAREKAR Respondents





Cited Judgements :-

V. M. SHAMSUDDIN VS. UNION OF INDIA [LAWS(KER)-2007-8-98] [REFERRED TO]
DEENU GOHE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-2-133] [REFERRED TO]
DR. LAKHVIRPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2001-5-189] [REFERRED TO]
DWARIKA NATH MISHRA VS. UNION OF INDIA [LAWS(J&K)-2004-11-10] [REFERRED TO]
C CHENDROYAPERUMAL VS. NATIONAL INSTITUTE OF PORT MANAGEMENT [LAWS(MAD)-2006-9-74] [REFERRED TO]
STATE OF TAMIL NADU REO BY SECRETARY TO GOVERNMENT COMMERCIAL TAXES AND REGISTRATION VS. GOVINDRAJ [LAWS(MAD)-2011-10-54] [REFERRED TO]
STATE GOVERNMENT OF ODISHA VS. ADWAITA PRASAD SAHOO [LAWS(ORI)-2014-1-77] [REFERRED TO]
GANGA PRASAD VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS. [LAWS(P&H)-2015-5-509] [REFERRED TO]
DEVI RAM PUNIA VS. STATE OF HARYANA [LAWS(P&H)-2014-2-454] [REFERRED TO]
ANTHEA AROMATICS PVT LTD VS. ASSOCIATION OF CHEMICAL WORKERS [LAWS(BOM)-2005-3-12] [REFERRED TO]
OM KUMAR JAIDKA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2010-10-157] [REFERRED TO]
PREM CHANDRA YADAV ASSISTANT TEACHER CANTONMENT BOARD BOYS PRIMARY SECTION VS. CANTONMENT BOARD [LAWS(ALL)-2004-4-25] [REFERRED TO]
RABISON KONWAR AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2016-5-144] [REFERRED TO]
RAJENDRA PRASAD GUPTA VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2010-4-405] [REFERRED TO]
SHIV KUMAR YADAV VS. STATE OF U.P. [LAWS(ALL)-2013-4-220] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-10-84] [REFERRED TO]
RAMESH CHANDRA VERMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-9-59] [REFERRED TO]
CHAIRMAN AND MANAGING DIRECTOR RURAL ELECTRIFICATION CORPORATION LIMITED NEW DELHI VS. G JAWAHARLAL [LAWS(APH)-2003-9-132] [REFERRED TO]
ASSISTANT SUPERINTENDENT OF POST OFFICE BHADRACHALAM SUB DIVISION KHAMMAM POSTAL DIVISION VS. T RAMAPPA RAO PINAPAKA MANUGURU KHAMMAM DISTRICT [LAWS(APH)-2003-12-122] [REFERRED TO]
SARSWATI DEVI VS. STATE OF BIHAR [LAWS(PAT)-2019-4-182] [REFERRED TO]
KRISHNENDRA SINGH VS. BHARAT SANCHAR NIGAM LIMITED [LAWS(MPH)-2020-2-107] [REFERRED TO]
BSNL & OTHERS VS. KRISHNENDRA SINGH RATHORE [LAWS(MPH)-2020-9-20] [REFERRED TO]
UNION OF INDIA VS. G ANNADURAI [LAWS(SC)-2009-4-255] [REFERRED TO]
UNION OF INDIA VS. RAJEEV PATHAK [LAWS(MPH)-2000-11-29] [REFERRED TO]
FIROJ MOHD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-4-81] [REFERRED TO]
NAND KISHORE GARG VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2011-5-392] [REFERRED TO]
R.D. MEENA VS. FOOD CORPORATION OF INDIA AND OTHERS [LAWS(MPH)-2016-11-84] [REFERRED TO]
JAYA CHANDRA MISHRA VS. UNION OF INDIA AND OTHERS [LAWS(ORI)-2018-1-29] [REFERRED TO]
SATENDRA KUMAR SHARMA VS. STATE OF U P [LAWS(ALL)-2005-5-271] [REFERRED TO]
SAARTHAK VANIJYA INDIA LTD. AND ORS. VS. THE CHIEF COMMISSIONER OF INCOME TAX AND ORS. [LAWS(CAL)-2015-5-90] [REFERRED TO]
TELECOM DISTRICT MANAGER VS. R GOPALA RAO [LAWS(APH)-2009-6-36] [REFERRED TO]
ASHOK KUMAR SAHU VS. UNION OF INDIA [LAWS(GAU)-2001-10-1] [REFERRED TO]
ALAM SAHEB S VS. ANDHRA PRADESH STATE CO OPERATIVE MARKETING FEDERATION LTD [LAWS(APH)-2000-12-49] [REFERRED TO]
ALI MOHAMMAD WANI VS. UNION OF INDIA AND ORS. [LAWS(J&K)-2015-8-5] [REFERRED TO]
CH NAGENDRA NATH MISHRA VS. M/S TATA REFRACTORIES LTD [LAWS(ORI)-2013-5-15] [REFERRED TO]
UNION OF INDIA VS. K.C. JOHNY [LAWS(KER)-2013-12-83] [REFERRED TO]
ASHOK KUMAR ROY VS. ORIENTAL INSURANCE CO. LTD. & ORS. [LAWS(NCD)-2009-7-13] [REFERRED TO]
SUSHIL KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2010-7-111] [REFERRED TO]
HARVINDER SINGH VS. FOOD CORPORATION OF INDIA AND ORS. [LAWS(P&H)-2003-2-158] [REFERRED TO]
DULA SINGH VS. UNION OF INDIA (UOI) [LAWS(P&H)-2000-6-24] [REFERRED TO]
STATE OF KERALA REPRSENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT VS. KANNAN S [LAWS(KER)-2018-1-103] [REFERRED TO]
DAITARI SHUKLA VS. STATE OF ORISSA [LAWS(ORI)-2012-2-63] [REFERRED TO]
Ch. Nagendra Nath Mishra VS. Tata Refractories Ltd. [LAWS(ORI)-2013-5-24] [REFERRED TO]
RUDRAMANI TRIPATHY VS. UNION OF INDIA [LAWS(ORI)-2005-12-12] [REFERRED TO]
DULU DEVI VS. STATE OF ASSAM AND ORS. [LAWS(SC)-2015-10-29] [REFERRED TO]
CHANDRA DEO SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2008-1-68] [REFERRED TO]
SYED ZAFFAR IQBAL VS. SKUAST [LAWS(J&K)-2011-3-6] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. NAGPUR MUNICIPAL CORPORATION [LAWS(BOM)-2011-11-53] [REFERRED TO]
SUKHI DEVI VS. DELHI VIDYUT BOARD [LAWS(DLH)-1999-11-46] [REFERRED]
KRISHAN KUMAR SINGH VS. UNION OF INDIA [LAWS(DLH)-1999-4-63] [REFERRED]
VINOD S O HARIRAMAJI DESHMUKH VS. PRESIDING OFFICER [LAWS(BOM)-2000-7-85] [REFERRED TO]
AGNI BAHADUR CHETRI VS. UNION OF INDIA, REPRESENTED BY THE SECRETARY [LAWS(GAU)-2013-8-79] [REFERRED TO]
B. RAJENDER VS. TSRTC AND ORS. [LAWS(APH)-2016-1-33] [REFERRED TO]
G ANNEDUARI VS. UNION OF INDIA [LAWS(GAU)-2006-11-77] [REFERRED TO]
OM PRAKASH GOND VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2018-12-219] [REFERRED TO]
S. DEIVANAI VS. V.M. KOTHANDARAMAN [LAWS(MAD)-2017-6-80] [REFERRED TO]
SRIDHAR MURTHY VS. STATION HOUSE OFFICER [LAWS(KAR)-2018-10-314] [REFERRED TO]
GUJRAT AMBUJA CEMENT LIMITED VS. ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION LTD. [LAWS(APH)-2014-3-23] [REFERRED TO]
BALANAGI REDDY K VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [LAWS(APH)-2002-3-66] [REFERRED TO]
HOTEL DOCK PALACE PVT LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-2-79] [REFERRED TO]
SYED MADADGAR HUSAIN RIZVI VS. STATE OF U P [LAWS(ALL)-2007-8-109] [REFERRED TO]
RAJUMIYA HANIF SAIYAD VS. STATE OF GUJARAT [LAWS(GJH)-2016-1-233] [REFERRED TO]
B K MAURYA VS. STATE OF U P AND 2 ORS [LAWS(ALL)-2018-12-114] [REFERRED TO]
PRADEEP SINGH AHLUWALIA VS. SECRETARY, MINISTRY OF TOURISM AND ORS. [LAWS(DLH)-2015-9-157] [REFERRED TO]
V J THOMAS VS. PATHROSE ABRAHAM [LAWS(SC)-2008-2-64] [REFERRED TO]
ABDUL NAIM KHAN VS. HIGH COURT OF JUDICATURE FOR RAJASTHAN [LAWS(RAJ)-2015-7-45] [REFERRED TO]
SHASHI KANT AND OTHER VS. RAJASTHAN STATE MINES AND MINERALS LTD. [LAWS(RAJ)-2018-1-203] [REFERRED TO]
BHAGIRATHI PARIDA VS. CHIEF MANAGER, UCO BANK, CUTTACK [LAWS(ORI)-2013-3-8] [REFERRED TO]
FARIDA LUKMAN VS. STATE [LAWS(RAJ)-2008-5-97] [REFERRED TO]
SHOBH NATH GAUTAM VS. STATE OF U P [LAWS(ALL)-1999-12-24] [REFERRED TO]
CONTROLLER WEIGHTS VS. MAQBOOL AHMAD [LAWS(J&K)-2004-8-14] [REFERRED TO]
KRISHNA MURTHY K G VS. UNION OF INDIA [LAWS(KAR)-2002-9-53] [REFERRED TO]
RAMA KANT MISRA VS. H P LABOUR COURTCUMINDUSTRIAL TRIBUNAL AND ANOTHER [LAWS(HPH)-2018-5-38] [REFERRED TO]
VIBHUTI PRASAD MISHRA VS. STATE OF U P [LAWS(ALL)-2003-5-55] [REFERRED TO]
CONSTABLE NO 94016118, SANATAN BARUI VS. DIG, BOARDER SECURITY FORCE & ORS [LAWS(CAL)-2017-5-128] [REFERRED TO]
SHEO SHANKER LAL AGRAWAL VS. STATE PUBLIC SERVICES TRIBUNAL, LUCKNOW AND ORS. [LAWS(ALL)-2009-3-218] [REFERRED TO]
KRISHNA SINGH VS. U P PUBLIC SERVICES TRIBUNAL I [LAWS(ALL)-2006-5-226] [REFFERED TO]
DIPAK KUMAR SAKAR VS. STATE OF W B [LAWS(CAL)-2003-12-9] [REFERRED TO]
JASODA GLASS AND SILICATE VS. REGIONAL PROVIDENT FUND COMMR [LAWS(CAL)-2001-10-2] [REFERRED TO]
LALHMINGLIANA VS. STATE OF MIZORAM [LAWS(GAU)-2000-3-33] [REFERRED TO]
ABDUL GOFUR MONDAL VS. THE STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-12-6] [REFERRED TO]
M.K. TIRUPATHI RAO VS. THE DEPUTY GENERAL MANAGER, SYNDICATE BANK [LAWS(APH)-2016-2-20] [REFERRED TO]
PRINCIPAL CHIEF CONSERVATOR OF FORESTS A P VS. T BHASKAR RAO [LAWS(APH)-2006-2-34] [REFERRED TO]
DINESH RAJAK, SON OF SRI CHUNNI LAL RAJAK VS. STATE OF BIHAR [LAWS(PAT)-2015-7-20] [REFERRED TO]
M K ARORA VS. GENERAL MANAGER NEW INDIA ASSURANCE CO LTD [LAWS(MPH)-2009-1-74] [REFERRED TO]
GREATER MOHALI AREA DEVELOPMENT AUTHORITY VS. MANJU JAIN [LAWS(SC)-2010-8-107] [REFERRED TO]
BIRESH LAL VS. HEAVY ENGINEERING CORPORATION LTD [LAWS(PAT)-2000-2-79] [REFERRED TO]
SENIOR DIVISIONAL ENGINEER, PALGHAT DIVISION AND ORS. VS. V. PADMAVATHY [LAWS(KER)-2015-4-78] [REFERRED TO]
YOGIRAJ SHARMA VS. STATE OF M P [LAWS(MPH)-2015-4-228] [REFERRED TO]
MOHAMMAD SABIR VS. UNION OF INDIA [LAWS(ALL)-2024-2-21] [REFERRED TO]
PAWAN KUMAR DALMIA VS. HCL INFOSYSTEMS LTD [LAWS(DLH)-2012-3-486] [REFERRED TO]
UNION OF INDIA VS. C.J. SOLANKI [LAWS(BOM)-2022-4-266] [REFERRED TO]
SUSHILA SAHU D/O RAM NARAYAN SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-1-4] [REFERRED TO]
VIMLA DEVI VS. UNION OF INDIA [LAWS(ALL)-2012-4-206] [REFERRED TO]
BAIJ NATH SAROJ VS. STATE OF U P [LAWS(ALL)-2014-7-244] [REFERRED TO]
RABIN CHANDRA BHUYAN VS. UNION OF INDIA [LAWS(GAU)-2003-11-11] [REFERRED TO]
P MALSAWMA VS. STATE OF MIZORAM [LAWS(GAU)-2009-12-8] [REFERRED TO]
NANDA CHUTIA AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2016-6-75] [REFERRED TO]
HIRANYA BHUYAN VS. STATE OF ASSAM [LAWS(GAU)-2016-7-114] [REFERRED TO]
COMMITTEE OF MANAGEMENT SHIBLI NATIONAL POST GRADUATE COLLEGE AZAMGARH VS. STATE OF U P [LAWS(ALL)-2008-1-229] [REFERRED TO]
DARSHANA R DAVE VS. STATE OF GUJARAT [LAWS(GJH)-2006-2-32] [REFERRED TO]


JUDGEMENT

S. Saghir Ahmad, J. - (1.)The original respondent, Dinanath Shantaram Karekar, who died during the pendency of the proceedings before the Central Administrative Tribunal, Bombay and has since been replaced by the present respondents, was appointed as unskilled labour in the Naval Armament Depot, Bombay. He was subsequently promoted to the post of Gun Repair Labourer, Grade-I. On 25th October, 1973, he was declared quasi-permanent on that post with effect from 1-8-1966. He was, however, removed from service by order dated 19th August, 1985 after regular departmental enquiry. This order was upheld in the Departmental appeal. The order of removal as also the appellate order were challenged by him before the Tribunal on the grounds, inter alia, that neither the charge sheet nor the show-cause notice were ever served upon him and, therefore, the entire proceedings are vitiated. The tribunal has found that the charge sheet which was issued to him by registered post was returned with the postal endorsement "not found." while the show-cause notice was published straightway in Dainiki Sagar, Navshakti. The Tribunal found the service of the charge-sheet and the show cause notice on the respondent as insufficient and, therefore, set aside the order dated 19th August, 1985, by which he was removed from service.
(2.)Learned counsel for Union of India has strenuously urged that since the respondent had been absenting himself from the office unauthorisedly, the service of charge-sheet sent to him through registered post should be treated as sufficient. This contention cannot be accepted.
(3.)Respondent was an employee of the appellant. His personal file and the entire service record was available in which his home address also had been mentioned. The charge sheet which was sent to the respondent was returned with the postal andorsement "not found." This indicates that the charge sheet was not tendered to him even by the postal authorities. A document sent by registered post can be treated to have been served only when it is established that it was tendered to the addressee. Where the addressee was not available even to the postal authorities, and the registered cover was returned to the sender with the endorsement "not found," it cannot be legally treated to have been served. The appellant should have made further efforts to serve the charge sheet on the respondent. Single effort, in the circumstances of the case, cannot be treated as sufficient. That being so, the very initiation of the departmental proceedings was bad. It was ex-parte even from the stage of charge sheet which, at no stage, was served upon the respondent.


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