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november 1982

Supreme Court of India · 1982-11-17

BOARD OF TRUSTEES OF THE PORT OF BOMBAY vs DILIPKUMAR RAGHAVENDRANATH NADKARNI BAND OTHERS

Citation / case number
SC 1982/63921
Court
Supreme Court of India
Petitioner
BOARD OF TRUSTEES OF THE PORT OF BOMBAY
Respondent
DILIPKUMAR RAGHAVENDRANATH NADKARNI BAND OTHERS
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the denial of an employee's request to be represented by a legal practitioner during a domestic enquiry, while the management employed legally trained officers as prosecuting officers, violates the principles of natural justice. The Court emphasized that the traditional view of domestic enquiries as managerial functions is outdated, especially given the serious implications of adverse verdicts on an employee's reputation and livelihood. The judgment reinforces that fairness in representation is essential for justice to be perceived as being done, thereby ruling in favor of the employee's right to legal representation.

BOARD OF TRUSTEES OF THE PORT OF BOMBAY vs DILIPKUMAR RAGHAVENDRANATH NADKARNI BAND OTHERS · Niyam