Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2006

Supreme Court of India · 2006-07-10

Director, Town Planning Maharashtra ... vs Bhalchandra Vasantrao Kulkarni

Citation / case number
AIR 2006 SUPREME COURT 2823
Court
Supreme Court of India
Petitioner
Director, Town Planning Maharashtra ...
Respondent
Bhalchandra Vasantrao Kulkarni
Author
Arijit Pasayat
Bench
Arijit Pasayat, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the termination of the respondent's service as a Peon was invalid as the reasons for dispensing with a departmental inquiry under Article 311(2) of the Constitution were not recorded prior to the termination order. The Court found that the Tribunal's conclusion, which was upheld by the Bombay High Court, was based on a misinterpretation of the original documents, as the reasons were altered post facto to justify the termination. Consequently, the Court set aside the orders of the Tribunal and the High Court, reinstating the respondent.

Director, Town Planning Maharashtra ... vs Bhalchandra Vasantrao Kulkarni · Niyam