Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation in filing writ petitions Service Law Termination of 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 | Appeal Allowed |
Headnote | Service Law:Termination of service – On account of finding irregularities in the selection process of the employees including that of the respondent – One of the terminated candidates was granted relief of continuation of his service – Thereafter respondent filed writ petition challenging termination of his service – Writ Petition was allowed by Single Judge of High Court holding that the respondent’s case was squarely covered by the case of the other employee who was granted relief by the Court – Special appeal by the employer was dismissed by the Division Bench of the High Court – Appeal to Supreme Court – Held: Termination order cannot be said to be non- reasoned – Termination order of the respondent could not have been set aside drawing parity from the case of another employee, as the case of another employee was decided on equitable grounds – Equity acts in personam and not in rem – Equity.Limitation:Limitation in filing writ petitions – Held: Limitation does not strictly apply to proceedings u/Ars. 32 or 226 of the Constitution – However, such rights cannot be enforced after an unreasonable lapse of time – Writ Courts ought to be reluctant in exercising their discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to foster – However, such principles do not apply to the judgments delivered in-rem – In the present case, the judgment granting relief to the other employee in setting aside his termination order, does not have the ingredient of a judgment in- rem, hence cannot come to respondent’s rescue. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 109 |
Petitioner | Chairman/managing Director, U.p. Power Corporation Ltd. & Others |
Respondent | Ram Gopal |
SCR | [2020] 3 S.C.R. 514 |
Judgement Date | 2020-01-30 |
Case Number | 852 |
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