Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 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 – Re-engagement and continuityin service – Respondent was appointed as a contract conductorand was working with the appellant-corporation – He was subjectedto a departmental enquiry, after which he was terminated –Departmental appeal and Review petition preferred by him wererejected – Writ petition by the respondent – Single Judge of theHigh Court considering the earlier decision dated 29.02.2012 inWrit Petition No.2786 of 2012, disposed of the writ petition filed bythe respondent and directed the appellant to re-engage therespondent in service and extend the benefit of continuity of serviceto him from the date of termination till the date of his re-engagementexcept for the period during which he was absent – Same was upheldby the Division Bench of the High Court – On appeal, held: SingleJudge of the High Court without having regard to the facts of thecase, mechanically issued directions exclusively relying on the earlierdecision dated 29.02.2012 in Writ Petition No.2786 of 2012 – BothSingle Judge and the Division Bench of the High Court erred in notappreciating the facts of the instant case – In the instant case, theworkman was dismissed from service after the departmental enquiryand when the charges of misconduct were proved, that was not thecase in Writ Petition No.2786 of 2012 – Furthermore, benefit ofcontinuity of service ordered by the Single Judge was not sustainableunless the order of termination is set aside – Continuity is grantedwhen the order of termination is set aside to ensure there is no hiatusin service – Thus, order of the Single Judge and the Division Benchof the High Court set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2018 INSC 1173 |
Petitioner | Apsrtc & Ors. |
Respondent | G. Kondal Rao |
SCR | [2018] 14 S.C.R. 316 |
Judgement Date | 2018-12-07 |
Case Number | 12243 |
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