https://www.taxtmi.com/caselaws?id=169233 A mandatory procedural safeguard meant for the employee's benefit was treated as capable of waiver, but where no waiver occurred, breach of the requirement could invalidate the dismissal as a jurisdictional defect. The civil court's jurisdiction was therefore not excluded by the statutory finality clause, because an order passed in violation of a mandatory condition could not claim protection. Earlier writ proceedings did not bar the challenge, as there had been no final decision on the merits and the prior observations were not res judicata. The dismissal was held invalid, but the proper remedy was a limited remand for supply of the inquiry material and a fresh inquiry into prejudice. en-us Fri, 25 Feb 1994 00:00:00 +0530 Wed, 08 Apr 2015 10:55:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169233 A mandatory procedural safeguard meant for the employee's benefit was treated as capable of waiver, but where no waiver occurred, breach of the requirement could invalidate the dismissal as a jurisdictional defect. The civil court's jurisdiction was therefore not excluded by the statutory finality clause, because an order passed in violation of a mandatory condition could not claim protection. Earlier writ proceedings did not bar the challenge, as there had been no final decision on the merits and the prior observations were not res judicata. The dismissal was held invalid, but the proper remedy was a limited remand for supply of the inquiry material and a fresh inquiry into prejudice. Case-Laws Indian Laws Fri, 25 Feb 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169233