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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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CANARA BANK AND ORS. vs. SHRI DEBASIS DAS AND ORS.

SCR Citation: [2003] 2 S.C.R. 968
Year/Volume: 2003/ Volume 2
Date of Judgment: 12 March 2003
Petitioner: CANARA BANK AND ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2003 INSC 174
Judgment Delivered by: Hon'ble Dr. Justice Arijit Pasayat
Respondent: SHRI DEBASIS DAS AND ORS.
Case Type: CIVIL APPEAL /7539/1999
Order/Judgment: Judgment
1. Headnote

Service law:

Canara Bank Officer Employees' (Conduct) Regulations, 1976-

Regulation 6(18)-Charge sheet against employee-Report by Inquiry Officer

without giving him opportunity of filing written brief under the Regulation--

Employee given personal hearing at appellate stage-Dismissal from service-

Writ Petition-High Court held order of dismissal violative of principles of

Natural Justice and violative of the Regulation which is mandatory provision--

Case not decided on merit-Order of Single Judge upheld by Division Bench-

On appeal, held: Principles of Natural Justice not violated as no prejudice is

proved by the employee-Regulation does not require opportunity being granted

to the employee to file written brief-In the facts of the case post-decisional

hearing obliterated the procedural deficiency of a pre-decisional hearing-

Remitted back to High ·Court to decide the case on merit-Administrative

law-Principles of Natural Justice.

Administrative law:

"Natural Justice" and "legal Justice "-Co-relation between-Discussed

Maxims:

"Nemo debet esse judex in propria causa sua"; "Aliquis non debet

judex in propria causa quia non palest esse judex at pars"; "nemo pot est esse

simul actor at judex "and qui aliquid statuerit parte inandita al/eram act quam

licet dixerit, hand acquum facer it "-Meaning of

Words and Phrases:

Natural justice_' and 'Civil consequences '-Meaning of

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Canara Bank Officer Employees
5. Equivalent citation
    Citation(s) 2003 AIR 2041 = 2003 (4) SCC 557 = 2003 (4) Suppl. SCC 557 = 2003 (3) JT 183 = 2003 (3) Suppl. JT 183 = 2003 (3) SCALE 220