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february 2003

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.

M/S. INDIAN RAILWAY CONSTRUCTION CO.LTD. vs AJAY KUMAR · Niyam