Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Dismissal from service - Order of dismissal ...:. Legality of - Charges of financial as also administrative irregularities against respondent-Registrar of National Institute of Technology |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law - Dismissal from service - Order ofdismissal -Legality of - Charges of financial as alsoadministrative irregularities against respondent-Registrar ofNational Institute of Technology - Order of dismissal byPrincipal & Secretary, NIT - Challenge to, on the ground thatPrincipal & Secretary, NIT not authorise to pass such ordersince the authority to dismiss vested in Board of Governors(BOG), NIT under the Rules - Held: Resolutions passed byBOG show that the BOG monitored, dealt with and eventuallydecided the case of the respondent in their various meetingssince inception and also authorized the Principal & Secretaryto deal with the same in consultation with the Chairman ofBOG and to do the needful by passing appropriate orders -Though expression "to dismiss the respondent" was not therein the Resolution but the expression "authorization", "to takenecessary action as the Chairman advises" and "to do theneedful accordingly" in the Resolution were wide enough toclothe Principal & Secretary with a power to pass the dismissalorder, {occasion so arose - Moreso, applying the Jaw ofratification to the facts, the authority exercised by the Principal& Secretary by dismissing the respondent was ratified by BOGwith retrospective effect thereby making an invalid act a lawfulone in conformity with the procedure prescribed in Rules -Dismissal order passed by the Competent Authority-BOGas prescribed in the Rules and thus, was legal and properand is upheld - Order passed by the High Court set aside.Words and phrases: Expression "Ratification" -Meaning of. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 449 |
Petitioner | National Institute Of Technology & Anr. |
Respondent | Pannalal Choudhury &anr. |
SCR | [2015] 8 S.C.R. 78 |
Judgement Date | 2015-07-01 |
Case Number | 5070 |
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