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Union Of India vs Lt. Col. (Retd.) M.G. Kapoor on 1 July, 2015

In the case of Union of India Vs. M. L. Kapoor, reported in AIR 1974 SC 87, the Supreme Court observed that "the reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter whether it is purely administrative or quasi-judicial. They should reveal a rational nexus between the facts considered and the conclusions reached. Only in this way can opinions or decisions recorded be shown to be manifestly just and reasonable".
Supreme Court - Daily Orders Cites 0 - Cited by 17 - Full Document

Siemens Engineering & Manufacturing ... vs Union Of India & Anr on 30 April, 1976

The unsustainability of the submission of Mr. Bakshi is brought out very clearly from the judgement in the case of Managing Director, ECIL, Hyderabad & Ors. (Supra) where the Supreme Court says, "It is the negation of the tenets of justice and a denial of fair opportunity to the employee to consider the findings recorded by a third party like the enquiry officer without giving the employee an opportunity to reply to it". If Mr. Bakshi still insists that the disciplinary authority has agreed with the findings of the Enquiry Officer and not the conclusion that also has no substance as the Supreme Court has specifically said that without giving any opportunity of being heard to a charged employee the findings of the Enquiry Officer cannot be considered. The makebelief distinction sought to be made by Mr. Bakshi must be rejected on two grounds. First, the difference between the two is chimerical and illusory and secondly, the Supreme Court has injuncted a disciplinary authority from considering the 'findings' of an Enquiry Officer without giving a charged employee an opportunity of being heard. In the present case, the disciplinary authority has not only considered the finding, it has scrutinized and has agreed with that.
Supreme Court of India Cites 2 - Cited by 542 - P N Bhagwati - Full Document
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