Supreme Court of India · 2010-05-06
South Bengal State Transport Corp vs Ashok Kumar Ghosh & Ors
- Citation / case number
- 2010 AIR SCW 3772
- Court
- Supreme Court of India
- Petitioner
- South Bengal State Transport Corp
- Respondent
- Ashok Kumar Ghosh & Ors
- Author
- C.K. Prasad
- Bench
- C.K. Prasad, R.M. Lodha, R.V. Raveendran
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's decision to quash the disciplinary action against the respondent, a Conductor, on the grounds of bias and procedural irregularity. The Court emphasized that the appointment of the disciplinary authority as the Enquiry Officer, without considering the employee's response to the charge-sheet, constituted a violation of principles of natural justice. The Court affirmed that such bias at the initiation of the enquiry invalidates the punishment imposed under the relevant service regulations, specifically noting the non-compliance with Regulation 38(2).