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Indian Network For People Living With ... vs Union Of India on 2 December, 2008 cites

Haryana Financial Corporation & Anr vs Kailash Chandra Ahuja on 8 July, 2008

45. The other decision, which has been rendered in Haryana Financial Corporation (supra), is also not applicable for the same reason. That was also a case of dismissal of an employee for non-supply of the report of the enquiry officer. In that case, the employee was exonerated by the enquiry officer. Thereafter, a clarification was sent by the Managing Director, and then the enquiry officer found the respondent guilty. Thereafter, a show cause notice was issued, personal hearing was granted and the respondent was dismissed from service. Thereupon, an appeal was filed before the Board of Directors and the same was also dismissed. On those facts, the Honble Supreme Court held that supply of copy of the enquiry officers report is required if the enquiry officer is other than the disciplinary authority. But failure of supply of report would not ipso facto result in proceedings being declared null and void. It is for the employee to plead and prove that such non-supply has caused prejudice. As already explained above, the concept of prejudice of an employee in so far as individual grievance is concerned, stands on a totally different footing from the concept of prejudice, which takes place on a broad principle of public interest, which is involved in this case. Therefore, the ratio in the aforesaid two decisions is not applicable to the facts of the present case in understanding the concept of prejudice.
Supreme Court of India Cites 19 - Cited by 227 - C K Thakker - Full Document

Dhirendra Nath Gorai And Subal ... vs Sudhir Chandra Ghosh And Others on 4 March, 1964

47. Learned counsel for the fourth respondent also relied on the decision in the case of Dhirendra Nath Gorai v. Sudhir Chandra Ghosh reported in AIR 1964 SC 1300. The case of Dhirendra Nath Gorai was in the context of interpreting Section 35 of the Bengal Money Lenders Act. Section 35 of the Act was a provision relating to contents of the sale proclamation and its effect is to amend or supplement Order 21 Rule 66 of the Civil Procedure Code which directs the Court to specify in the sale proclamation the property to be sold. Any defect regarding non-compliance under Section 35 in not specifying the property to be sold is a defect in the sale proclamation. The objection that the sale proclamation did not conform to Section 35 of the Bengal Money Lenders Act is not available to the judgment debtor in that case in an application under Order 21 Rule 90 of the Code of Civil Procedure as he did not raise any such objection at the time nor did he do so, after receiving the notice, avail the opportunity of being present when the sale proclamation was drawn up. On those facts, the Honble Supreme Court held that for non-compliance with Section 35 of the Act no substantial injury would be caused to the judgment debtor especially when despite notice in one case, he did not file objection at all and in the other case, though he filed objection, did not attend at the time of drawing up of proclamation. (See para-8 at page 1305 of the repot). The aforesaid facts clearly distinguish that case from the facts of the present case.
Supreme Court of India Cites 9 - Cited by 209 - Full Document
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