Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Termination of services Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Termination of services of probationer without departmental enquiry - Order of termination referring to conduct of the probationer during the entire period of probation - Probationer initially served a letter making serious allegations of misconduct - Later another letter extracting findings of an informal Inquiry Committee about probationer's involvement in a scuffle and his "misdeeds" like obtaining false signatures - Whether such findings of misconduct constituted 'motive' or 'foundation' of the order of termination - Held, they constituted the 'foundation' and hence the order of termination required to be set aside. Service Law - Termination of services of probationer without departmental enquiry - Order of termination referring to an earlier letter extracting findings of an earlier informal Inquiry Committee about probationer's involvement in a scuffle and his 'misdeeds' like obtaining false signatures-Held, words used in proceedings referred to in termination order were in the nature of a stigma; order liable to be set aside on that ground as well. Service Law - Termination of probationer's services without departmental inquiry - Termination held to be illegal - Probationer not gainfully employed - Held, probationer entitled to reinstatement and back wages till date of reinstatement from date of termination and to continuity of service. Service Law - Termination of services without departmental enquiry - When could it be said that misconduct was the 'foundation' of order or termination and when only the 'motive' for such termination - Held, where findings of misconduct arrived at in an inquiry behind the back of the employee, the order of termination to be treated as 'founded' on such allegation and would be bad; where no inquiry held, the allegations would be a motive and the order of termination would be valid. Service Law - Termination of services without inquiry - Whether words casting stigma could be gathered from proceedings leading up to order of termination even if the order itself contained no such words - Held, yes. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 54 |
Petitioner | Dipti Prakash Banerjee |
Respondent | Satvendra Nath Bose National Centre For Basic Sciences, Calcutta And Others. |
SCR | [1999] 1 S.C.R. 532 |
Judgement Date | 1999-02-10 |
Case Number | 750 |
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