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march 1969

Supreme Court of India · 1969-03-10

STATE OF MAHARASHTRA vs BAISHANKAR AVALRAM JOSHI & ANOTHER

Citation / case number
SC 1966/60356
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
BAISHANKAR AVALRAM JOSHI & ANOTHER
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that the failure to provide a copy of the Enquiry Officer's report constituted a denial of reasonable opportunity under Article 311(2) of the Constitution. The Court affirmed the High Court's finding that the respondent was prejudiced by not receiving the report, which influenced the Inspector General's decision. Additionally, the Court ruled that the liability for payment of arrears of salary falls under Section 60 of the Bombay Reorganisation Act, 1960, as it pertains to contractual obligations rather than actionable wrongs under Section 61.

STATE OF MAHARASHTRA vs BAISHANKAR AVALRAM JOSHI & ANOTHER · Niyam