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july 2007

Supreme Court of India · 2007-07-24

U.P. COOP. FEDERATION LTD. vs L.P. RAI

Citation / case number
SC 2003/16983
Court
Supreme Court of India
Petitioner
U.P. COOP. FEDERATION LTD.
Respondent
L.P. RAI
Bench
G.P. MATHUR & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that the disciplinary proceedings against L.P. Rai were flawed due to a lack of opportunity for the respondent to cross-examine witnesses and present his defense, violating principles of natural justice. The Court upheld the High Court's decision to quash the punishment order dated 8.2.1991, emphasizing that the employer retains the right to conduct a fresh enquiry despite the respondent's retirement. The Court directed that the respondent be entitled to all monetary and consequential benefits as if the punishment had not been imposed, reinforcing the importance of fair procedure under Article 14 of the Constitution.

U.P. COOP. FEDERATION LTD. vs L.P. RAI · Niyam