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march 1976

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.

REGIONAL MANAGER & ANR. vs PAWAN KUMAR DUBEY · Niyam