Supreme Court · 2009 INSC 843 · Decided 26 May 2009

Union of India & ORS. v. Bishamber Das Dogra

Court
Supreme Court of India
Citation
2009 INSC 843 · [2009] 9 S.C.R. 828
Case number
CIVIL APPEAL No. 7087/2002
Decided
26 May 2009
Bench
MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Service law - Dismissal from service - Employee- C security guard in CISF not completed six years in service but deserted the LINE five times - Dismissal from service by disciplinary authority - Set aside by courts below holding that enquiry report not furnished, employee not given opportunity to conduct taken into consideration o while imposing punishment -Justification of- Held:Not justified - Non-furnishing of enquiry report to delinquent employee would not ipso facto vitiate disciplinary proceedings - Employee has to establish that real prejudice was caused to him by not furnishing

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