Supreme Court · 2008 INSC 1461 · Decided 17 December 2008

Union of India & ORS. v. Prakash Kumar Tandon

Court
Supreme Court of India
Citation
2008 INSC 1461 · [2008] 17 S.C.R. 855
Case number
CIVIL APPEAL No. 7349/2008
Decided
17 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

... Service Law: Disciplinary proceedings - Application for summoning qf witness by delinquent employee not considered by Enquiry c officer - Justification of - Held: Not justified - It was obligatory on part of Enquiry officer to pass an order in the application - He could not refuse to consider officer, being a quasi judicial authority, must perform his functions fairly and reasonably which is even otherwise the requirement D of principles of natural justice - If disciplinary proceedings was not fairly conducted, an inference can be drawn that the delinquent employee was prejudiced

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