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december 1967

Supreme Court of India · 1967-12-12

BALVANTRAY RATILAL PATEL vs THE STATE OF MAHARASHTRA

Citation / case number
SC 1965/152
Court
Supreme Court of India
Petitioner
BALVANTRAY RATILAL PATEL
Respondent
THE STATE OF MAHARASHTRA
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court upheld the validity of the suspension of the appellant, a member of the State Medical Service, pending an inquiry into his misconduct under the Bombay Civil Service Rules. The Court clarified that the power to suspend an employee is not an implied term of an ordinary contract but can be derived from statutory provisions or express terms in the contract. The Court dismissed the appeal, affirming that the employer has the authority to suspend an employee during an inquiry and that the issue of remuneration during suspension is governed by the relevant rules.

BALVANTRAY RATILAL PATEL vs THE STATE OF MAHARASHTRA · Niyam