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.