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february 2008

Supreme Court of India · 2008-02-06

WEST BENGAL STATE ELECTRICITY BOARD vs CHANDERNATH BANERJI

Citation / case number
SC 2004/19433
Court
Supreme Court of India
Petitioner
WEST BENGAL STATE ELECTRICITY BOARD
Respondent
CHANDERNATH BANERJI
Bench
H.K. SEMA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court held that the termination of the respondent's service by the West Bengal State Electricity Board under Regulation 33(1)(iii) was invalid as it violated Article 311 of the Constitution, which mandates an opportunity for a hearing before termination. The Court emphasized that even in cases of automatic termination due to prolonged absence, the principles of natural justice must be adhered to. The Court set aside the termination order and reinstated the respondent, affirming the necessity of due process in employment matters.

WEST BENGAL STATE ELECTRICITY BOARD vs CHANDERNATH BANERJI · Niyam