https://www.taxtmi.com/caselaws?id=175603 Disciplinary action is vitiated where the Commandant who initiated the proceedings and appeared as a witness also participated in the inquiry and punishment, because such involvement creates a reasonable apprehension of bias and offends natural justice. The defect is not cured by later appellate affirmation, and the punishment is null and void. Past service record or adverse conduct cannot be relied on to justify or enhance punishment unless the delinquent is first informed and given an opportunity to respond. As the adverse material was not disclosed before punishment, the dismissal could not stand and consequential relief followed. en-us Tue, 28 Sep 2010 00:00:00 +0530 Tue, 01 Dec 2015 20:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175603 Disciplinary action is vitiated where the Commandant who initiated the proceedings and appeared as a witness also participated in the inquiry and punishment, because such involvement creates a reasonable apprehension of bias and offends natural justice. The defect is not cured by later appellate affirmation, and the punishment is null and void. Past service record or adverse conduct cannot be relied on to justify or enhance punishment unless the delinquent is first informed and given an opportunity to respond. As the adverse material was not disclosed before punishment, the dismissal could not stand and consequential relief followed. Case-Laws Indian Laws Tue, 28 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175603