Supreme Court of India · 2003-02-27
M/S. INDIAN RAILWAY CONSTRUCTION CO.LTD. vs AJAY KUMAR
- Citation / case number
- SC 2000/1279
- Court
- Supreme Court of India
- Petitioner
- M/S. INDIAN RAILWAY CONSTRUCTION CO.LTD.
- Respondent
- AJAY KUMAR
- Bench
- SHIVARAJ V. PATIL & ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the dismissal of an employee without a proper inquiry, emphasizing the necessity of adhering to Article 311(2) of the Constitution of India, which mandates a fair procedure before dismissal. The Court held that the dismissal order was vitiated due to the lack of a proper inquiry and the presence of mala fides, thus upholding the lower court's decision to quash the dismissal. The judgment clarified that while the authority has discretion in conducting inquiries, such discretion is subject to judicial review if exercised in bad faith.