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november 1988

Supreme Court of India · 1988-11-22

H.L. TREHAN AND ORS. ETC. vs UNION OF INDIA AND ORS. ETC.

Citation / case number
SC 1979/62709
Court
Supreme Court of India
Petitioner
H.L. TREHAN AND ORS. ETC.
Respondent
UNION OF INDIA AND ORS. ETC.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash a circular issued under the Caltex (Acquisition of Shares of Caltex Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977, which rationalized management staff perquisites without affording them an opportunity to be heard. The Court emphasized that any deprivation of existing rights of government servants must comply with the principles of natural justice, as mandated by Article 14 of the Constitution. The Court held that post-decisional opportunities do not suffice to meet the requirements of natural justice, thereby affirming the High Court's ruling against arbitrary administrative action.

H.L. TREHAN AND ORS. ETC. vs UNION OF INDIA AND ORS. ETC. · Niyam