Supreme Court of India
J.A. Naiksatam v. Prothonotary & Senior Master, High Court of Bombay and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, a delinquent employee has the right of hearing not only during the enquiry proceedings conducted by the enquiry officer into the charges levelled against him but also at the stage at which those findings are considered by the disciplinary authority and the latter, namely, the disciplinary authority forms a tentative opinion that it does not agree with the findings records by the enquiry officer.
Judgment, page 6
From the headnote
Service Law: Disciplinary proceedings-Disciplinary authority not agreeing with findings of Inquiry Officer-Opportunity of personal hearing-High Court employees-Demanding illegal gratification-Inquiry Officer found the employees not guilty of charge-Disciplinary authority disagreeing with the saidfirzding and concluding that employees were guilty-Order of disciplinary authority furnished to employees and their explanation sought as to why penalty of dismissal from service be not imposed-Their explanation not accepted and order of removal from service passed-Plea that in the event of
Authorities it was built on
Where later benches applied it
- 2013 S.P. Malhotra v. Punjab National Bank & Ors.
- 2011 Automotive Tyre Manufacturers Association v. The Designated Authority & Ors.
Of those, 1 relied on · 1 mentioned
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