Supreme Court - Daily Orders
Chairman,Admin.C.C.A.P.Coop.Dairy ... vs G.B.Tewari on 3 December, 2014
Bench: Jagdish Singh Khehar, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.4019 OF 2010
CHAIRMAN,ADMIN.C.C.A.P.COOP.DAIRY FED.LTD .......APPELLANT
VERSUS
G.B.TEWARI ......RESPONDENT
O R D E R
During the course of hearing, learned counsel for the
appellant was confronted with the following observations made by
the High Court in the impugned order:
“We have considered the arguments raised
from both the sides and perused the record.
There is nothing on record to indicate that the
enquiry officer at any point of time, after
service of the charge sheet and the reply
submitted by the respondent has fixed any date,
time and place for holding the enquiry or for
adducing the evidence of either parties. In fact
only one date, i.e. 19.2.1989 was fixed, which is
said to be the date of personal hearing of the
respondent, on which date, he was handed over a
questionnaire containing 25 questions and was
required to answer the questions. This in our
opinion, hardly was a hearing afforded to the
respondent, besides the fact that the rules or
procedure for holding the disciplinary
proceedings do not envisage any such procedure.”
Signature Not Verified
Learned counsel for the appellant could not contradict
Digitally signed by
Satish Kumar Yadav
Date: 2014.12.05
the
17:25:03 IST
Reason: aforesaid factual position on the basis of the material
available on the record of the case. In view of the above, we find
no merit in the present appeal.
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The instant appeal is accordingly dismissed.
...........................J.
(JAGDISH SINGH KHEHAR)
...........................J.
(ARUN MISHRA)
NEW DELHI;
DECEMBER 3, 2014.
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ITEM NO.105 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).4019/2010
CHAIRMAN,ADMIN.C.C.A.P.COOP.DAIRY FED.LD Appellant(s)
VERSUS
G.B.TEWARI Respondent(s)
(With office report)
Date : 03/12/2014 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE ARUN MISHRA
For Appellant(s) Mr. Varinder Kumar Sharma, Adv.
For Respondent(s) Mr. Sunil Kumar Jain, Adv.
Mr.Pawanshree Agarwal, Adv.
Mr.Akarsh Garg, Adv.
Upon hearing the counsel the Court made the following
O R D E R
The appeal is dismissed in terms of the signed order.
(SATISH KUMAR YADAV) (RENUKA SADANA) COURT MASTER COURT MASTER
(Signed order is placed on the file)