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november 1997

Supreme Court of India · 1997-11-18

UOI vs A NAGAMALLESHWAR RAO

Citation / case number
SC 1997/4574
Court
Supreme Court of India
Petitioner
UOI
Respondent
A NAGAMALLESHWAR RAO
Author
NANAVATI
Bench
G.T. NANAVATI S.C. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the decision of the Central Administrative Tribunal, which found that the dismissal of the respondent from service was not justified due to lack of reliable evidence. The Court emphasized that the burden of proof lies with the employer to establish misconduct, and in this case, the evidence presented was deemed insufficient as it relied on secondary evidence without proper authentication. Consequently, the Court affirmed the Tribunal's ruling that the charge against the respondent was not proved, leading to the reinstatement of the respondent.

UOI vs A NAGAMALLESHWAR RAO · Niyam