GENERAL MANAGER, EASTERN RAILWAY AND ANOTHER versus JAWALA PROSAD SINGH

GENERAL MANAGER, EASTERN RAILWAY AND ANOTHER versus JAWALA PROSAD SINGH

No known principle of natural justice is violated if during an inquiry, one member of the Inquiry Committee is substituted by another after proceedings have begun and some evidence is recorded, since the disciplinary authority bases its decision on the written record and not on the personal impressions of Inquiry Committee members.

Parties
Appellant: General Manager, Eastern Railway and another; Respondent: Jawala Prosad Singh
Jurisdiction
India
Judgment Date
20 November 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court, Final Judgment
Outcome
Appeal allowed
Legal Topics
Natural Justice, Departmental Enquiry, Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

General Manager, Eastern Railway and another

Appellant

Jawala Prosad Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court, Final Judgment

  1. 1 Whether the change in the personnel of the Inquiry Committee during a departmental enquiry vitiates the proceedings for violation of natural justice

Ratio Decidendi

No known principle of natural justice is violated if during an inquiry, one member of the Inquiry Committee is substituted by another after proceedings have begun and some evidence is recorded, since the disciplinary authority bases its decision on the written record and not on the personal impressions of Inquiry Committee members.

Court Disposition

Appeal allowed

Orders

  • Order of dismissal of the respondent stands; order of the High Court set aside; no order as to costs.