Supreme Court of India · 2009-05-26
Union Of India & Ors vs Bishamber Das Dogra
- Citation / case number
- AIR 2010 SUPREME COURT 3769
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Bishamber Das Dogra
- Author
- B.S. Chauhan
- Bench
- B.S. Chauhan, Mukundakam Sharma
Judgment text excerpt
The Supreme Court upheld the decision of the Calcutta High Court which quashed the removal of a CISF employee on grounds of procedural irregularity, specifically the failure to provide the employee with a copy of the enquiry report and an opportunity to respond. The Court emphasized that while past conduct can be considered, due process must be followed in disciplinary proceedings as per the principles of natural justice. The Court affirmed that non-furnishing of the enquiry report can be fatal to the disciplinary action if it affects the employee's ability to defend themselves, thus maintaining the High Court's ruling.