Case Law Analysis
|Bombay High Court
Natural Justice | Denial of Cross-Examination Must Be Proven, Not Presumed; Declined Opportunity ≠ Denied Right : Bombay HC
The Bombay High Court clarified that in disciplinary proceedings, a mere refusal to exercise an offered chance to cross-examine does not amount to a violation of natural justice - the burden lies on the employee to prove actual denial, not assume it. This sets a critical precedent for universities and public employers handling service disputes, reinforcing that procedural fairness requires active assertion, not passive assumption.