Procedural lapses do not vitiate inquiry without real prejudice: Bombay HC quashes reinstatement of school peon
The Court held that the School Tribunal’s approach was perverse as it overlooked the actual charges against the peon.
The Court held that the School Tribunal’s approach was perverse as it overlooked the actual charges against the peon.
“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”
“The cancellation of the Domicile Certificate would have civil and evil consequences, as such a right of hearing was mandatorily required to be provided to the aspirant, which admittedly has not been provided.”
“It is a settled proposition of law that whenever any stigmatic order is passed against a person, which causes stigma on his career in future, it is bounden duty of the authority concerned to provide him opportunity of hearing, before passing such an order.”
“Natural justice is the sworn enemy of intolerant authority”