SHEKHAR GHOSH versus UNION OF INDIA & ANR.

SHEKHAR GHOSH versus UNION OF INDIA & ANR.

Reversion of Appellant as Khalasi was not justified as principles of natural justice were violated; no charges were framed, no disciplinary enquiry was held, no witnesses were examined, and post-decisional hearing was insufficient. Impugned judgments of Tribunal and High Court set aside.

Parties
Appellant: Shekhar Ghosh; Respondent: Union of India; Respondent: Another unspecified respondent (second respondent)
Jurisdiction
India
Judgment Date
01 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court to Supreme Court
Outcome
Appeal allowed; impugned orders set aside.
Legal Topics
Reversion, Promotion, Principles of Natural Justice, Disciplinary Proceedings, Rectification of Mistake
Service Law Administrative Law Reversion Promotion Principles of Natural Justice Disciplinary Proceedings Rectification of Mistake

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Shekhar Ghosh

Appellant

Union of India

Respondent

Another unspecified respondent (second respondent)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether principles of natural justice were violated in reverting the Appellant from Junior Clerk to Khalasi without proper enquiry
  2. 2 Whether rectification of a mistake in service records required compliance with principles of natural justice

Ratio Decidendi

Reversion of Appellant as Khalasi was not justified as principles of natural justice were violated; no charges were framed, no disciplinary enquiry was held, no witnesses were examined, and post-decisional hearing was insufficient. Impugned judgments of Tribunal and High Court set aside.

Court Disposition

Appeal allowed; impugned orders set aside.

Orders

  • No order as to costs.