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may 2008

Supreme Court of India · 2008-05-02

SANTOSH KUMAR PANDEY vs PRADESHIYA INDUL.& IVEST.CORPN.OF U.P L.

Citation / case number
SC 2006/25120
Court
Supreme Court of India
Petitioner
SANTOSH KUMAR PANDEY
Respondent
PRADESHIYA INDUL.& IVEST.CORPN.OF U.P L.
Bench
S.B. SINHA & LOKESHWAR SINGH PANTA

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the dismissal of the appellant was violative of the principles of natural justice, as the enquiry officer's report was not provided to the employee. The Court reiterated the principles established in Managing Director, ECIL, Hyderabad vs. B. Karunakar, emphasizing that if the non-supply of the report prejudices the employee's case, the punishment may be set aside. The Court affirmed the direction for payment of 50% back wages, contingent upon the outcome of the enquiry, thus ensuring that the authority retains discretion over the final decision regarding back wages and service benefits.

SANTOSH KUMAR PANDEY vs PRADESHIYA INDUL.& IVEST.CORPN.OF U.P L. · Niyam