Supreme Court of India · 1976-03-08
REGIONAL MANAGER & ANR. vs PAWAN KUMAR DUBEY
- Citation / case number
- SC 1975/60463
- Court
- Supreme Court of India
- Petitioner
- REGIONAL MANAGER & ANR.
- Respondent
- PAWAN KUMAR DUBEY
- Author
- A.N. () RAY
- Bench
- A.N. (CJ) RAY
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the reversion order of the respondent, stating that the order was punitive and violated the principles of natural justice under Article 311(2) of the Constitution of India. The Court clarified that an apparently innocuous order can be deemed punitive based on the surrounding circumstances and the impact on the employee's future. The Court reiterated the necessity of compliance with Article 311(2) when punitive actions are taken, and emphasized that discrimination under Article 16 must be substantiated by evidence of malice in law or fact.