Supreme Court of India · 2011-11-16
S.LOGANATHAN vs UNION OF INDIA .
- Citation / case number
- SC 2007/28607
- Court
- Supreme Court of India
- Petitioner
- S.LOGANATHAN
- Respondent
- UNION OF INDIA .
- Author
- H.L. GOKHALE R.M. LODHA
- Bench
- H.L. GOKHALE R.M. LODHA
Judgment text excerpt
The Supreme Court held that an appellate authority cannot impose a punishment that deprives an employee of their right to a departmental appeal, as established in Surjit Ghose vs. Chairman & Managing Director, United Commercial Bank. The Court emphasized that when an employee has a substantive right to appeal against a disciplinary authority's decision, its infringement results in legal invalidity. The findings of the Inquiry Officer were upheld as they were based on evidence recorded in the presence of the appellant, thus not suffering from legal infirmity.