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march 1988

Supreme Court of India · 1988-03-11

UNION OF INDIA & ORS. vs E. BASHYAN.

Citation / case number
SC 1988/70782
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ORS.
Respondent
E. BASHYAN.
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court held that the failure to supply the enquiry officer's report to the delinquent before the disciplinary authority recorded a finding of guilt constitutes a violation of the principles of natural justice, as it deprives the delinquent of crucial material necessary to contest the findings. The Court emphasized that the disciplinary authority is the real decision-maker and must provide the report to allow the delinquent to address any errors or omissions. The matter was referred to a larger bench for further consideration regarding the implications of Article 311(2) of the Constitution of India.

UNION OF INDIA & ORS. vs E. BASHYAN. · Niyam