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april 2008

Supreme Court of India · 2008-04-16

Cantonment Executive Officer & Anr vs Vijay D. Wani & Ors

Citation / case number
AIR 2008 SUPREME COURT 2953
Court
Supreme Court of India
Petitioner
Cantonment Executive Officer & Anr
Respondent
Vijay D. Wani & Ors
Author
A.K. Mathur
Bench
A.K.Mathur, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the removal of Vijay D. Wani from service by the Cantonment Board was vitiated due to bias, as the Enquiry Committee members were also part of the Board that approved the estimates prepared by him. The Court emphasized that participation of biased members in the inquiry and subsequent decision-making process violates principles of natural justice. Consequently, the Court upheld the High Court's order reinstating the respondent with 50% back wages and continuity of service, thereby setting aside the Cantonment Board's resolution dated 29.10.1991.

Cantonment Executive Officer & Anr vs Vijay D. Wani & Ors · Niyam