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january 1973

Supreme Court of India · 1973-01-18

SIRSI MUNICIPALITY BY ITS PRESIDENT SIRSI vs CECELIA KOM FRANCIS TELLIS

Citation / case number
SC 1967/327
Court
Supreme Court of India
Petitioner
SIRSI MUNICIPALITY BY ITS PRESIDENT SIRSI
Respondent
CECELIA KOM FRANCIS TELLIS
Author
SIKRI, S.M. (),RAY, A.N.,PALEKAR, D.G.,DWIVEDI, S.N.,BEG, M. HAMEEDULLAH
Bench
SIKRI, S.M. (CJ),RAY, A.N.,PALEKAR, D.G.,DWIVEDI, S.N.,BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that under the Bombay District Municipal Act, 1901, specifically Rule 143, the dismissal of an employee without providing a reasonable opportunity to defend oneself is void and illegal. The Court emphasized that public employment is distinct from private employment, and that dismissals must adhere to statutory powers and principles of natural justice. The Court upheld the High Court's decision that the respondent was deemed to have continued in service due to the violation of procedural requirements in her dismissal.

SIRSI MUNICIPALITY BY ITS PRESIDENT SIRSI vs CECELIA KOM FRANCIS TELLIS · Niyam