2011 (3) TMI 1633 - SC - Indian Laws

Supreme Court upholds natural justice in dismissal appeal, highlights need for material disclosure

Union of India & Others Versus S.K. Kapoor

Union of India & Others Versus S.K. Kapoor - 2011 (3) SCR 906, 2011 (4) SCC 589, 2011 (3) JT 446, 2011 (3) SCALE 586 Issues involved: Appeal against dismissal order, violation of natural justice in departmental proceedings.Dismissal Order Challenge: The respondent was charge sheeted for absence without leave, leading to a dismissal order on 01.11.2001. The Central Administrative Tribunal quashed the dismissal order and directed to proceed from the stage of providing a copy of the Report of the Union Public Service Commission.Writ Petition and Impugned Order: The appellants filed a writ petition in the High Court of Gujarat against the Tribunal's order, which was dismissed. The Supreme Court found no infirmity in the impugned order.Principle of Natural Justice: It is a settled principle that in departmental proceedings, a charge sheeted employee must be provided with any material to be relied upon in advance to have a chance to rebut it. The Court disagreed with the appellant's argument that supplying the report along with the dismissal order was valid based on a previous decision.Union Public Service Commission Report: The Court held that if authorities consult and rely on the Commission's report for disciplinary action, the employee must be given a copy in advance for rebuttal to adhere to natural justice principles. Failure to provide the report in such cases would violate natural justice.Precedent and Judgment: The Court referred to a previous case where it was established that if a subsequent bench wants to take a different view, it must refer the matter to a larger bench. Since the decision in the present case was not in line with the prior decision, it was considered per incuriam, and the appeal was dismissed accordingly.