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Managing Director, Electronic Corporation Of India v. B. Karunakar

Managing Director, Electronic Corporation Of India
v.
B. Karunakar

(Supreme Court Of India)

Special Leave Petition (Civil) No. 12103 Of 1991 | 05-08-1991


1. In Kailash Chander Asthana v. State of U. P. ( 1988 (3) SCC 600 [LQ/SC/1988/286] : 1988 SCC(L&S) 869) it has been observed by a bench of three Judges that the question of furnishing a copy of the report of enquiry in disciplinary held after Forty-second Amendment does not arise. But in Union of India v. Mohd. Ramzan Khan ( 1991 (1) SCC 588 [LQ/SC/1990/740] : 1991 SCC(L&S) 612) another bench of three Judges had held to the contrary. In the later case it was observed (at p. 597, para 17) that "we have not been shown any decision of a coordinate or a larger bench of this Court taking this view ...". In view of this seeming conflict as to the entitlement of a copy of the enquiry report to the delinquent officer we consider that it is necessary to refer this matter to a larger bench

2. The special leave is granted only on this question. The papers may be placed before the Chief Justice for constitution of a larger bench

3. Since the matter is likely to take a long time for disposal of the matter, any stay order would prejudicially effect the interest of the respondent in whose favour there is an order of reinstatement with liberty reserved for continuing the inquiry. We, therefore, direct that respondent be reinstated in service within a month from today with the payment of one half of the back wages.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE K. JAGANNATHA SHETTY

HON'BLE JUSTICE VEERASWAMI RAMASWAMI

HON'BLE JUSTICE YOGESHWAR DAYAL

Eq Citation

1992 (65) FLR 185

(1992) 1 SCC 709

JT 1992 (3) SC 605

1993 (3) SCALE 952

LQ/SC/1991/355

HeadNote

Constitution of India — Arts. 136 and 141 — Conflicting decisions of three-Judge Benches — Reference to larger Bench — Entitlement of copy of enquiry report to delinquent officer — Held, in view of seeming conflict as to entitlement of a copy of enquiry report to delinquent officer, matter referred to larger Bench