HARYANA WAREHOUSING CORPORATION versus RAM AVTAR AND ANR.

HARYANA WAREHOUSING CORPORATION versus RAM AVTAR AND ANR.

Opportunity of hearing before stoppage at efficiency bar is not a statutory requirement; as long as the order is speaking and all relevant material is considered, principles of natural justice are sufficiently complied with. Annual review and communication of adverse entries with rejection of representation is...

Source-derived case information.

Parties
Appellant: Haryana Warehousing Corporation; Respondent: Ram Avtar; Respondent: Ram Avtar and Anr.
Jurisdiction
India
Judgment Date
17 January 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 6.8.91 of Punjab & Haryana High Court in C.w.p. No. 5848 of 1991
Outcome
Appeal allowed; judgment under appeal set aside; no order as to costs.
Legal Topics
Efficiency Bar, Natural Justice, Confidential Reports, Adverse Entries, Increment Stoppage
Administrative Law Service Law Efficiency Bar Natural Justice Confidential Reports Adverse Entries Increment Stoppage

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Haryana Warehousing Corporation

Appellant

Ram Avtar

Respondent

Ram Avtar and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 6.8.91 of Punjab & Haryana High Court in C.w.p. No. 5848 of 1991

Legal Issues

  1. 1 Whether principles of natural justice require an employee to be afforded an opportunity of hearing before being stopped at the efficiency bar
  2. 2 Whether annual review of efficiency bar was properly done as per applicable rule
  3. 3 Whether adverse remarks in confidential report for 1986-87 were legally valid

Ratio Decidendi

Opportunity of hearing before stoppage at efficiency bar is not a statutory requirement; as long as the order is speaking and all relevant material is considered, principles of natural justice are sufficiently complied with. Annual review and communication of adverse entries with rejection of representation is adequate procedural compliance.

Court Disposition

Appeal allowed; judgment under appeal set aside; no order as to costs.

Orders

  • Judgment of Punjab & Haryana High Court dated 6.8.91 set aside
  • Appeal allowed