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february 2011

Supreme Court of India · 2011-02-28

Union Of India & Ors vs Manab Kumar Guha

Citation / case number
AIR 2012 SC (SUPP) 357
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Manab Kumar Guha
Author
Chandramauli Kr. Prasad
Bench
Chandramauli Kr. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision to quash the compulsory retirement of a Railway Protection Force constable, finding that the disciplinary proceedings against him were flawed due to the non-examination of the complainant, Harish Chandra Ram, during the inquiry. The Court emphasized that the principles of natural justice were violated as the constable was not allowed to adequately defend himself, particularly by engaging a 'friend' during the inquiry. The Court held that the disciplinary authority's decision was not sustainable in light of these procedural irregularities, thus reinstating the constable.

Union Of India & Ors vs Manab Kumar Guha · Niyam