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Union Of India And Others v. A. K. Chatterjee

Union Of India And Others
v.
A. K. Chatterjee

(Supreme Court Of India)

Civil Appeal No. 4523 Of 1992 | 19-10-1992


1. Delay condoned. Special leave granted

2. The Tribunal allowed the application of respondent-employee only on the ground that the inquiry report was not furnished to him. For this purpose, the Tribunal relied upon the decision of this Court in Union of India v. Mohd. Ramzan Khan( 1991 (1) SCC 588 [LQ/SC/1990/740] : 1991 SCC(L&S) 612 : 1991 (16) ATC 505 : 1991 AIR(SC) 471). Unfortunately, the Tribunal has not noticed the operative part of the judgment in the above case where it is made clear that the law laid down there will apply prospectively. Admittedly, in the present case, the order of dismissal was passed prior to the said decision. Hence the impugned decision of the Tribunal is set aside and the matter is remanded to the Tribunal for decision on merits on other points

3. The appeal is allowed accordingly. There will be no order as to costs.

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 G. N. RAY

HON'BLE JUSTICE P. B. SAWANT

Eq Citation

(1993) 2 SCC 191

LQ/SC/1992/734

HeadNote

Service Law — Departmental Enquiry — Inquiry report — Furnishing of — Held, Tribunal erred in relying on Mohd. Ramzan Khan case, (1991) 1 SCC 588, for holding that the law laid down therein would apply retrospectively — Constitution of India, Art. 146(3)