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march 2011

Supreme Court of India · 2011-03-16

UNION OF INDIA vs S.K.KAPOOR

Citation / case number
SC 2005/20281
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
S.K.KAPOOR
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

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 adhering to principles of natural justice. The Court clarified that if the Union Public Service Commission's report is relied upon in disciplinary proceedings, a copy must be provided to the employee in advance for rebuttal, as per Article 320(3)(c) of the Constitution. The Court distinguished the case from Union of India vs. T.V. Patel, asserting that the latter was per incuriam due to not considering the binding precedent set in S.N. Narula vs. Union of India.

UNION OF INDIA vs S.K.KAPOOR · Niyam