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february 2006

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.

Union Of India & Anr vs Malti Sharma · Niyam