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Documents citing Pepsu Road Transport Corp. vs Lachhman Singh on 14 May, 2015

Shiv Shankar Jha vs The State Of Jharkhand on 10 February, 2021

(iv) Learned counsel for the petitioners has also relied upon the following decisions and submitted that the benefit which is given of higher pay scale of Intermediate Trained Scale cannot be withdrawn after such a long lapse of time:- (i) in a case of Papsu Road Transport Corporation Vs. Lachhman Das Gupta & others as reported in 2001(2)JCR 467 (SC), (ii) in a case of Teres Ekka Vs. State of Jharkhand & Ors. as reported in 2007(2)JLJR 41, and (iii) Nar Singh Pal Vs. Union of India & others as reported in 5 2000(3) SCC 588. In view of these decisions also, the order passed at Annexure-7, deserves to be quashed and set aside."
Jharkhand High Court Cites 3 - Cited by 0 - D Roshan - Full Document

D.R.Munian vs The Director Of School Education on 6 April, 2016

Again, relying upon another judgment in Pepsu Road Transport Corporation v. Lachhman Dass Gupta reported in 2001 (9) SCC 523, he further submitted that if any document, relied upon in the show cause notice, in establishing the charge, the said document should be furnished to the delinquent. But in the present case, on a mere perusal of the show cause notice, dated 31.12.2015, it is seen that petitioner alleged to have used some unparlimentary words with the teachers and the same is said to have been recorded in the Compact Disc (CD) and when they have relied upon the Compact Disc (CD), to prove the charges stated in the show cause notice, the respondents ought to have furnished one set of Compact Disc (CD) to the petitioner, but the same has not been done. Therefore, he submitted that since the said document, relied on by the Department, in establishing the charge, has not been furnished to the petitioner/delinquent, the conclusion reached in the impugned order is untenable and unacceptable, because the petitioner has been denied a reasonable opportunity to defend himself in the proceedings. On this basis, he prayed to set aside the impugned order.
Madras High Court Cites 3 - Cited by 0 - T Raja - Full Document

Raghunath Anant Govilkar vs The State Of Maharashtra & Anr on 7 August, 2018

They are not incantations to be invoked nor rites to be performed on all and sundry occasions. Whether in fact, prejudice has been caused to the employee or not on account of the denial to him of the report has to be considered on the facts and circumstances of each case. Where, therefore, even after the furnishing of the report, no different consequence would have followed, it would be a perversion of justice to permit the employee to resume duty and to get all the consequential benefits. It amounts to rewarding the dishonest and the guilty and thus to stretching the concept of justice to illogical and exasperating limits. It amounts to an "unnatural expansion of natural justice" which in itself is antithetical to justice. 12] The ruling in Pepsu Road Transport Corporation (supra), relied upon by the petitioner is distinguishable, because in the said case even the documents relied upon by the department in establishing the charge had not been given to the delinquent. In the present case, the charges levelled against the petitioner related to irregularities and negligence in distribution of tenements in reconstructed buildings thereby cheating the Board; manipulation of office D.S.Sherla page 6 of 9 j-wp 6263-04 records and disobeying lawful orders issued by seniors. All the documents on basis of which such charges were leveled and were ultimately held as proved were made available to the petitioner. The documents which the petitioner had sought for are not the documents which were relied upon by the enquiry officer or the disciplinary authority. The judgment relied upon by the petitioner is thus, inapplicable to the facts of the present case.
Bombay High Court Cites 3 - Cited by 0 - M S Sonak - Full Document
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