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
Legal Issues
- 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.
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