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.