State Bank Of Patiala & Ors vs S.K.Sharma on 27 March, 1996
17 The Honourable Supreme Court in the case of the State Bank
of Patiala v/s S.K.Sharma, AIR 1996 SC 1669, has distinguished between
the procedural rights and substantive rights of the delinquent who is
subjected to disciplinary proceedings. The Apex Court has concluded that
unless substantive rights flowing from the Service Law are not violated, an
enquiry is not to be set aside only if there are procedural flaws. In the face
of the contention that material rights of the delinquent are infringed, the
Honourable Apex Court has laid down that these contentions have to be
::: Uploaded on - 10/08/2016 ::: Downloaded on - 11/08/2016 00:01:15 :::
*11* 904.wp.2764.16
tested on the touchstone of prejudice and the onus and burden lies on the
delinquent to establish the prejudice.