Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2010

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).

South Bengal State Transport Corp vs Ashok Kumar Ghosh & Ors · Niyam