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december 2008

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.

UNION OF INDIA vs PRAKASH KUMAR TANDON · Niyam