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march 2011

Supreme Court of India · 2011-03-16

Union Of India & Ors vs S.K.Kapoor

Citation / case number
2011 AIR SCW 1814
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
S.K.Kapoor
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the decision of the Central Administrative Tribunal quashing the dismissal of the respondent for absence without leave, emphasizing the necessity of supplying a copy of the Union Public Service Commission report to the employee if it is relied upon in disciplinary proceedings, as per the principles of natural justice. The Court distinguished the case from Union of India vs. T.V. Patel, (2007) 4 SCC 785, asserting that the latter was per incuriam due to not considering the binding precedent set in S.N. Narula vs. Union of India. The appeal was dismissed, affirming the Tribunal's order.

Union Of India & Ors vs S.K.Kapoor · Niyam