Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Dismissal from service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Service Law – Dismissal from service – Cancellation of caste certificate – Respondent obtained employment against a post which was reserved for the Scheduled Caste – Her caste certificate was invalidated by the Tehsildar on the ground that she did not belong to a Scheduled Caste by birth and her marriage to a person belonging to a Scheduled Caste would not entitle her to benefit of the reservation for persons belonging to the caste of her spouse – Appellant passed an order dismissing the first respondent from the service – Single Judge of the High Court directed the appellant to reconsider the claim of the first respondent for reinstatement – Division Bench dismissed the appeal on the ground of delay of five hundred and sixty-four days – On appeal, held: Declining to condone delay in the instant case would have serious consequences of allowing an imposter to continue the benefit of a reserved seat – This is not just a matter of detriment to the State but to genuine aspirants to the reserved seat who would be ousted – Division Bench ought to have condoned delay – No fault can be found with the conduct of the appellant in convening a disciplinary enquiry – The findings of the enquiry was unexceptionable – Punishment imposed could not be regarded as disproportionate. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 728 |
Petitioner | Bhubaneswar Development Authority |
Respondent | Madhumita Das And Ors. |
SCR | [2023] 6 S.C.R. 590 |
Judgement Date | 2023-05-02 |
Case Number | 3320 |
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