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Managing Director Ecil Hyderabad Etc. ... vs B. Karunakar Etc. Etc on 1 October, 1993

6.The enquiry was started on 8.1.2002 and concluded by the report of the enquiry officer dated 2.3.2002. On the basis of the same, the second respondent was given a notice asking to show cause as to why he should not be dismissed from service for the proved charges. The second respondent moved the Principal Bench of this Court with W.P.No.10567 of 2002 challenging the show cause notice. He had also obtained an interim stay of show cause notice. The said writ petition was finally disposed of by an order dated 23.7.2002. The show cause notice issued by the petitioner corporation was held to be invalid as it was issued after agreeing with the findings of the enquiry officer and only on the question of penalty, he was asked to give explanation. The Supreme Court in ECIL Vs. B.Karunakar reported in 1993 (4) SCC 727 has held that a notice must be given before agreeing with the findings of the enquiry officer.
Supreme Court of India Cites 64 - Cited by 2043 - Full Document
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