STATE OF MYSORE versus S. S. MAKAPUR

STATE OF MYSORE versus S. S. MAKAPUR

Rules of natural justice are satisfied when witnesses whose prior statements were recorded are recalled, statements put to them, made known to the party charged, and witnesses are tendered for cross-examination; the inquiry was not invalid merely for admitting prior witness statements under these procedures. Clause...

Source-derived case information.

Parties
Appellant: State of Mysore; Respondent: S. S. Makapur
Jurisdiction
India
Judgment Date
03 May 1962
Procedural Posture
Civil Appeal / Remand After Appeal
Outcome
Case remanded to High Court for hearing on remaining questions
Legal Topics
Natural Justice, Departmental Inquiry, Quasi Judicial Tribunal Procedures
Administrative Law Employment Law Police Law Natural Justice Departmental Inquiry Quasi Judicial Tribunal Procedures

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Parties

State of Mysore

Appellant

S. S. Makapur

Respondent

Procedural Posture

Civil Appeal / Remand After Appeal

Legal Issues

  1. 1 Whether principles of natural justice were violated in departmental inquiry
  2. 2 Validity of s. 545(8) of Bombay Police Manual
  3. 3 Procedure for recording evidence in disciplinary inquiries

Ratio Decidendi

Rules of natural justice are satisfied when witnesses whose prior statements were recorded are recalled, statements put to them, made known to the party charged, and witnesses are tendered for cross-examination; the inquiry was not invalid merely for admitting prior witness statements under these procedures. Clause (8) of s. 545 of the Bombay Police Manual does not contravene principles of natural justice.

Court Disposition

Case remanded to High Court for hearing on remaining questions

Orders

  • Set aside the High Court's order in appeal
  • Remand the case for hearing on other points, including escalation of punishment