2008 (2) TMI 863

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.... Himachal Pradesh Transport Corporation. We have heard the parties. Briefly stated the facts are as follows : At the relevant time the respondent was working as Inspector in Himachal Pradesh Transport Corporation. He was charge-sheeted. A notice was sent to him followed by a publication in the Tribune. However, the respondent did not participate in the enquiry proceedings. The enquiry was proce....

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....with the notice by publication in the Tribune. The Tribunal also held that from the representation dated 09.08.1993 and 19.10.1993 it would clearly show that the respondent was well aware of the departmental enquiry which was initiated against him, however, he intentionally avoided service of notice and did not participate in the enquiry proceedings and, therefore, he was estopped from raising the....

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....e record but not to re-appreciate the evidence recorded by the court of first instance. The principles of natural justice cannot be put in a straight jacket formula. Its application depends upon the facts and circumstances of each case. To sustain a complaint of non-compliance of the principle of natural justice, one must establish that he has been prejudiced thereby for non-compliance of princip....