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Documents citing Yoginath Damodhar Bagde vs State Of Maharashtra & Ors. on 21 June, 1996

Sh. Baljit Singh Sondhi vs Union Of India on 12 February, 2009

18. A tentative view as per its plain grammatical meaning as per Oxford English Dictionary is a provisional view. However, when the DA in the instant case records its disagreement with an additional reasoning different from what has been arrived at by the enquiring authority the charges stood proved against the applicant. Moreover, a reference to the CVC advice to impose a suitable major penalty on the applicant, without his comments being considered, rather with a pre-determined mind, a final view of the matter has been arrived at. What is to be inferred legally from the above procedure is that no tentativeness is present in the order or a provisional view and an opportunity to explain has been accorded to the applicant just for useless formality as a post-decisional hearing. The Apex Court in Yoginath D. Bagde v. State of Maharashtra, (1997) 7 SCC 739 has deprecated this procedure in law. The contention that the applicant has already preferred a reply to the disagreement would not cure this illegality and the procedure, which is contrary to law.
Central Administrative Tribunal - Delhi Cites 13 - Cited by 1 - Full Document
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