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august 2011

Supreme Court of India · 2011-08-19

State Of U.P.& Ors vs Luxmi Kant Shukla

Citation / case number
AIR 2011 SUPREME COURT 3528
Court
Supreme Court of India
Petitioner
State Of U.P.& Ors
Respondent
Luxmi Kant Shukla
Author
A. K. Patnaik
Bench
R.V. Raveendran, A. K. Patnaik

Judgment text excerpt

The Supreme Court addressed the procedural fairness in disciplinary proceedings against a member of the Provincial Civil Services under the U.P. Fundamental Rules, 1942. The Court held that an ex-parte enquiry conducted without giving the respondent an opportunity to present his case violated the principles of natural justice, necessitating a fresh enquiry. The Court directed that the enquiry should commence afresh from the stage of the charge-sheet, thereby upholding the respondent's right to a fair hearing.

State Of U.P.& Ors vs Luxmi Kant Shukla · Niyam