Supreme Court · 2003 INSC 154 · Decided 7 March 2003
Union of India v. B.N. Jha
- Court
- Supreme Court of India
- Citation
- 2003 INSC 154 · [2003] 2 S.C.R. 721
- Case number
- CIVIL APPEAL No. 2054/2002
- Decided
- 7 March 2003
- Bench
- N. SANTOSH HEGDE, S.B. SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Service Law: Border Security Force Act/Border Security Force Rules; Sections 45 & C 46: Principle of Natural Justice-Protection from personal bias-Held: An Authority who was biased could not direct his subordinate officer to initiate disciplinary proceedings against an errant employee-Neither preparation of record of evidence to come to the conclusion of guilt-Thus right to protection from bias of the errant employee had been D breached-Hence, High Court rightly set aside order of dismissal of the employee. Legal Maxims: Maxims "specialia generaliabus non derogant",
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