Supreme Court of India

Union of India & Others v. S.K. Kapoor

Neutral citation
Reported as [2011] 3 S.C.R. 906
Bench Markandey Kat Ju and Gyan Sudha Misra JJ.
Decided 16 March 2011

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

We are of the opinion that although Article 320(3)(c) is not mandatory, if the authorities do consult the Union Public Service Commission and rely on the report of the commission for taking disciplinary action, then the F principles of natural justice require that a copy of the report must be supplied in advance to the employee concerned so that he may have an opportunity of rebuttal.

Judgment, page 3

From the headnote

Service Law - Departmental enquiry- Supply of the copy of the material relied upon in departmental proceedings to the charge sheeted employee in advance - Held: Is necessary, so that he may have a chance to rebut the same - Although Article 320(3)(c) is not mandatory, if the authorities consult the Union Public Service Commission and rely on its report for taking disciplinary action, then the principles of natural justice require that a copy of the report must be supplied in advance to the employee concerned so that he may have an opportunity of rebuttal - On facts, the report of the

Where later benches applied it

Of those, 1 relied on · 1 referred to

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