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march 1980

Supreme Court of India · 1980-03-26

SUNIL KUMAR BANERJEE vs STATE OF WEST BENGAL AND ORS.

Citation / case number
SC 1975/60419
Court
Supreme Court of India
Petitioner
SUNIL KUMAR BANERJEE
Respondent
STATE OF WEST BENGAL AND ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court upheld the disciplinary action taken against the appellant, a member of the Indian Administrative Service, under the All India Services (Discipline and Appeal) Rules, 1969. The Court found no merit in the appellant's claims that the inquiry was improperly conducted under the repealed 1955 rules and that he was denied a reasonable opportunity to defend himself. It was held that the failure to question the appellant under Rule 8(19) did not vitiate the inquiry as no prejudice was established, aligning this principle with Section 342 of the Criminal Procedure Code. The appeal was dismissed, affirming the punishment imposed by the State Government.

SUNIL KUMAR BANERJEE vs STATE OF WEST BENGAL AND ORS. · Niyam