Supreme Court of India · 2003-10-28
Union Of India (Uoi) vs Madhusudan Prasad
- Citation / case number
- 2004(1)BLJR78
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi)
- Respondent
- Madhusudan Prasad
- Bench
- K.G. Balakrishnan, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the order of the appellate authority which reinstated the respondent, a Safai Karamchari, after his dismissal without due process. The Court emphasized that the disciplinary authority failed to provide a show cause notice or conduct an inquiry before dismissal, violating principles of natural justice. The Court ruled that the respondent is entitled to salary for the period of absence from dismissal to reinstatement, as per Fundamental Rule 54, which allows consideration of pay and allowances upon reinstatement following an appeal.