Supreme Court of India
Cantonment Executive Officer and Anr. v. Vijay D. Wani 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.
What the Court ordered
Held as under: c "Accordingly, the finding of the council holding the respondent members guilty of misconduct was vitiated by the participation of the members of the Disciplinary committee." This was on the basis of the Principle of apprehension of a bias.
Judgment, page 7
From the headnote
Service Law - Disciplinary proceeding - Disciplinary Committee finding the delinquent officer guilty - Board inflicting punishment of removal from service - Participation of the members of the Disciplinary Committee in Board meeting - Dismissal of departmental appeals - Writ Petition - High Court allowing the petition and directing reinstatement with 50% back wages and continuity of service - On appeal, held : The order of removal is violative of principles of natural justice - Hence vitiated - Participation of the members of the Disciplinary Committee in the decision making process for
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