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december 2008

Supreme Court of India · 2008-12-17

Union Of India & Ors vs Prakash Kumar Tandon

Citation / case number
AIR 2009 SUPREME COURT 1375
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Prakash Kumar Tandon
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the disciplinary proceedings against the respondent were flawed due to the non-examination of a crucial witness, Mr. B.S. Walia, as requested by the respondent, which violated the principles of natural justice. The Court emphasized that the Inquiry Officer's rank being higher than the Disciplinary Authority did not absolve the latter from ensuring a fair inquiry process. Consequently, the Court set aside the orders of the disciplinary authority and the appellate authority, reinstating the respondent's original position and pay.

Union Of India & Ors vs Prakash Kumar Tandon · Niyam