UNION OF INDIA & ORS. versus E. BASHYAN

UNION OF INDIA & ORS. versus E. BASHYAN

Since the Disciplinary Authority is the real authority to hold the employee guilty and relies on the Enquiry Officer’s report, failure to furnish the report to the delinquent before recording a finding of guilt constitutes violation of principles of natural justice and denial of reasonable opportunity as required under Article 311(2) of the Constitution. However, this question, being of mega-importance and not directly dealt with in previous authorities, is referred to a larger Bench for determination.

Parties
Petitioner: Union of India & Ors.; Respondent: E. Bashyan
Jurisdiction
India
Judgment Date
11 March 1988
Procedural Posture
Special Leave Petition (civil) / Matter Referred to a Larger Bench
Outcome
Matter referred to a larger Bench.
Legal Topics
Article 311(2) Disciplinary Proceedings, Natural Justice Supply of Enquiry Officer's Report
Constitutional Law Administrative Law Article 311(2) Disciplinary Proceedings Natural Justice Supply of Enquiry Officer's Report

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Union of India & Ors.

Petitioner

E. Bashyan

Respondent

Procedural Posture

Special Leave Petition (civil) / Matter Referred to a Larger Bench

Legal Issues

  1. 1 Whether failure to supply a copy of the report of the Enquiry Officer to the delinquent before the Disciplinary Authority records a finding of guilt violates Article 311(2) of the Constitution and principles of natural justice.

Ratio Decidendi

Since the Disciplinary Authority is the real authority to hold the employee guilty and relies on the Enquiry Officer’s report, failure to furnish the report to the delinquent before recording a finding of guilt constitutes violation of principles of natural justice and denial of reasonable opportunity as required under Article 311(2) of the Constitution. However, this question, being of mega-importance and not directly dealt with in previous authorities, is referred to a larger Bench for determination.

Court Disposition

Matter referred to a larger Bench.

Orders

  • The matter is referred to a larger Bench for authoritative determination.
  • The office is directed to seek directions from the Hon’ble Chief Justice for placing this matter before an appropriate Bench.