Supreme Court of India · 2006-02-24
Union Of India & Anr vs Malti Sharma
- Citation / case number
- AIRONLINE 2006 SC 630
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Anr
- Respondent
- Malti Sharma
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.P. Naolekar
Judgment text excerpt
The Supreme Court held that the termination of the Respondent's services as an Inspector was invalid as it was executed without the jurisdiction of the Executive Council, which alone had the authority to confirm or terminate appointments under Section 13 of the Nursing Council Act. The Court emphasized that the procedural requirements mandated by the Act were not followed, and the purported abolition of the post was not substantiated by evidence. Consequently, the Court reinstated the Respondent's position, ruling that her termination was unlawful and ordered her reinstatement with appropriate benefits.