Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Central Civil Services (Classification 1965 Control and Appeal) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 32 - Supply of copy of Commission's advice - Disciplinary Authority obtaining advice from Union Public Service Commission (UPSC) and acting on the same and thereafter, penalty imposed on employee - Non-supply of advice to the employee before awarding punishment - Effect of - Held: Amounts to violation of principles of natural justice - UPSC advice is to be communicated before imposition of punishment - Rule 32 provides for supply of copy of advice to government servant at the time of making an order - Said stage was prevailing earlier - Authority should have clarified the Rule regarding development in the service jurisprudence - Doctrines/ Principles. Per incuriam - Concept of - Held:. When subsequent decision is rendered in ignorance or forgetfulness of the binding authority, the concept of per incuriam comes into play. |
Judge | Honble Mr. Justice Dipak Misra Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2014 INSC 404 |
Petitioner | Union Of India & Ors. |
Respondent | R.p. Singh |
SCR | [2014] 6 S.C.R. 351 |
Judgement Date | 2008-05-22 |
Case Number | 6717 |
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