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october 1992

Supreme Court of India · 1992-10-23

GOVERNING COUNCIL OF KIDWAI M.INSTT. vs DR. PANDURANG GODWALKAR

Citation / case number
SC 1988/68523
Court
Supreme Court of India
Petitioner
GOVERNING COUNCIL OF KIDWAI M.INSTT.
Respondent
DR. PANDURANG GODWALKAR
Author
] [S. RANGANATHAN AND N.P SINGH
Bench
JJ.] [S. RANGANATHAN AND N.P SINGH

Judgment text excerpt

The Supreme Court held that termination of service during the probation period does not amount to punishment if it is based on overall performance assessment. The Court clarified that the principle of tearing the veil applies only when there is a direct nexus between the charges and the action taken. It ruled that a preliminary inquiry does not vitiate the termination order, affirming the High Court's finding that the institute's action was valid as it considered the employee's performance. The appeal was allowed, upholding the termination decision.

GOVERNING COUNCIL OF KIDWAI M.INSTT. vs DR. PANDURANG GODWALKAR · Niyam