Supreme Court of India · 2008-12-17
UNION OF INDIA vs PRAKASH KUMAR TANDON
- Citation / case number
- SC 2005/27827
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- PRAKASH KUMAR TANDON
- Author
- S.B. Sinha
- Bench
- S.B. SINHA,CYRIAC JOSEPH, , ,
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 appointment was improper as he was of a higher rank than the Disciplinary Authority, contravening the established procedure under the Railway Establishment Code. Consequently, the Court set aside the orders of the disciplinary authority and the appellate authority, restoring the respondent's pay and position.