‘A’, a workman had beaten up ‘B’, his Manager. ‘B’, himself conducted the enquiry and dismissed ‘A’. ‘A’ challenges the dismissal order by ‘B’. Advise ‘A’.

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Answer:

One of the rules of natural justice is that one should not be a judge of his own case. In the above problem, ‘B’, is the complainant against ‘A’, the accused. Here, ‘B’, cannot be an enquiry officer against his own case. Since the enquiry is vitiated by violation of natural justice, the dismissal order by ‘B’, is void.

 

The same view was held in Meenglass Tea Estate Vs. Workman, AIR 1963 SC 1719.

Last Updated On January 31, 2018
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