ARJUN CHAUBEY versus UNION OF INDIA AND OTHERS

ARJUN CHAUBEY versus UNION OF INDIA AND OTHERS

Dismissal order is vitiated since the principal accuser, Respondent No. 3, acted as judge on accusations against the appellant, violating natural justice; illegality is fundamental and cannot be cured by alleged habitual misconduct.

Parties
Appellant: Arjun Chaubey; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
23 March 1984
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Allahabad High Court
Outcome
Appeal allowed; High Court judgment and dismissal order set aside.
Legal Topics
Natural Justice, Disciplinary Proceedings, Dismissal Without Enquiry, Bias
Service Law Constitutional Law Natural Justice Disciplinary Proceedings Dismissal Without Enquiry Bias

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Parties

Arjun Chaubey

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Allahabad High Court

Legal Issues

  1. 1 Whether dismissal of appellant without enquiry, by the authority who was the main accuser, violated principles of natural justice.
  2. 2 Whether dispensing with an enquiry under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 read with Proviso (b) to Article 311(2) of the Constitution was justified.

Ratio Decidendi

Dismissal order is vitiated since the principal accuser, Respondent No. 3, acted as judge on accusations against the appellant, violating natural justice; illegality is fundamental and cannot be cured by alleged habitual misconduct.

Court Disposition

Appeal allowed; High Court judgment and dismissal order set aside.

Orders

  • Appellant treated as having retired from service with effect from April 1, 1984.
  • Arrears of salary to be paid until March 31, 1984 on basis of last drawn salary (as of June 15, 1982), not including subsequent increments.