STATE OF U.P. versus HARENDRA ARORA AND ANR.

STATE OF U.P. versus HARENDRA ARORA AND ANR.

When a statutory rule mandates furnishing of an enquiry report, a delinquent must demonstrate that non-furnishing of the report caused prejudice; in the absence of such prejudice, an order of dismissal is not vitiated solely due to the procedural breach.

Parties
Appellant: State of U.P.; Respondent: Harendra Arora; Respondent: Anr.
Jurisdiction
India
Judgment Date
02 May 2001
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Order Affirming Tribunal's Quashing of Dismissal Order
Outcome
Appeal allowed
Legal Topics
Departmental Enquiry, Dismissal From Service, Natural Justice, Service Rules
Service Law Departmental Enquiry Dismissal From Service Natural Justice Service Rules

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 2 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

State of U.P.

Appellant

Harendra Arora

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Order Affirming Tribunal's Quashing of Dismissal Order

Legal Issues

  1. 1 Whether the quashing of the dismissal order is warranted solely for non-furnishing of enquiry report under Rule 55A of the Civil Services (Classification, Control and Appeal) Rules, 1930
  2. 2 Whether prejudice must be shown by the delinquent for non-furnishing of the enquiry report regarding validity of the dismissal order

Ratio Decidendi

When a statutory rule mandates furnishing of an enquiry report, a delinquent must demonstrate that non-furnishing of the report caused prejudice; in the absence of such prejudice, an order of dismissal is not vitiated solely due to the procedural breach.

Court Disposition

Appeal allowed

Orders

  • Set aside the impugned orders of the Tribunal and High Court; dismissal order of the respondent is restored; no order as to costs