Supreme Court · 2011 INSC 210 · Decided 16 March 2011
Union of India & Others v. S.K. Kapoor
- Court
- Supreme Court of India
- Citation
- 2011 INSC 210 · [2011] 3 S.C.R. 906
- Case number
- CIVIL APPEAL No. 5341/2006
- Decided
- 16 March 2011
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 320(3)(c), 141
Headnote
Service Law - Departmental enquiry- Supply of the copy of the material relied upon in departmental proceedings to the C charge sheeted employee in advance - Held: Is necessary, so that he may have a chance to rebut the same - Although Article 320(3)(c) is not mandatory, if the authorities consult and rely on its report for taking disciplinary action, then the principles of natural justice D require that a copy of the report must be supplied in advance to the employee concerned so that he may have an opportunity of rebuttal - On facts, the report of the Commission was not supplied to
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