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february 2011

Supreme Court of India · 2011-02-28

UNION OF INDIA vs MANAB KUMAR GUHA

Citation / case number
SC 2007/32861
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
MANAB KUMAR GUHA
Author
CHANDRAMAULI KR. PRASAD
Bench
HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,

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 violated principles of natural justice as the complainant was not examined during the enquiry. The Court emphasized that the right to a fair hearing, including the opportunity to engage a friend for defense, is fundamental under Article 14 of the Constitution. The Court held that the disciplinary authority's decision was flawed due to gross irregularities in the enquiry process, leading to the reinstatement of the constable.

UNION OF INDIA vs MANAB KUMAR GUHA · Niyam