Tag: audi alteram partem

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained
Supreme Court

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained

The Supreme Court held that natural justice violations must cause actual prejudice to invalidate disciplinary proceedings. Technical non-compliance with procedural rules doesn't automatically vitiate departmental action. Courts assess whether different outcomes would emerge if procedures were followed. Preponderance of probability standard applies in disciplinary cases, not criminal proof standards. Facts Of The Case: S. Janaki Iyer was appointed as a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore on probation from January 11, 1989, and became permanent from April 16, 1992. Since her husband worked in Mumbai, she sought transfer from Bangalore to Mumbai or Pune. A transfer order dated October 1, 1991, allegedly signed by VK Jain, Assistant Commissioner (Headqu...
Technical Flaws Sink Conviction: Supreme Court Rules Bank Fraud Trial Violated Accused Rights
Supreme Court

Technical Flaws Sink Conviction: Supreme Court Rules Bank Fraud Trial Violated Accused Rights

The Supreme Court acquitted the appellants, holding that (1) Appellant No. 3's juvenility under Section 7A of the Juvenile Justice Act, 2000 invalidated his conviction, and (2) the trial court's failure to properly examine all appellants under Section 313 CrPC – by not putting material incriminating evidence to them – vitiated the trial, causing irreversible prejudice given the 40-year case delay. Facts Of The Case: The case involved a 1982-83 bank fraud where accused persons, including appellants Ramji Prasad Jaiswal and his two sons Ashok Kumar Jaiswal and Bal Mukund Jaiswal, allegedly conspired with SBI branch manager Ajay Kumar Srivastava (since deceased) to fraudulently obtain ₹13.29 lakh using fake transport receipts from their non-existent firm 'Rohtas Carriers'. The CBI registere...