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february 2008

Supreme Court of India · 2008-02-18

Managing Director,U.P.Co-Operative ... vs Mohan Babu Srivastava & Ors

Citation / case number
AIRONLINE 2008 SC 44
Court
Supreme Court of India
Petitioner
Managing Director,U.P.Co-Operative ...
Respondent
Mohan Babu Srivastava & Ors
Bench
S.B. Sinha, V.S.Sirpurkar

Judgment text excerpt

The Supreme Court held that the inquiry against the respondent was flawed as the inquiry officer failed to apply his mind to the evidence presented, leading to a violation of principles of natural justice. The Court distinguished this case from precedents where the delinquent had admitted guilt, emphasizing that an inquiry officer must consider evidence even when a party is absent. The Court remitted the matter for a de novo inquiry but denied the respondent any subsistence allowance for the period of avoidance, allowing the appeal to that extent.

Managing Director,U.P.Co-Operative ... vs Mohan Babu Srivastava & Ors · Niyam