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.