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july 2006

Supreme Court of India · 2006-07-10

DIRECTOR, TOWN PLANNING MAHARASHTRA &ANR vs BHALCHANDRA VASANTRAO KULKARNI

Citation / case number
SC 2004/7535
Court
Supreme Court of India
Petitioner
DIRECTOR, TOWN PLANNING MAHARASHTRA &ANR
Respondent
BHALCHANDRA VASANTRAO KULKARNI
Author
ARIJIT PASAYAT
Bench
ALTAMAS KABIR ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Bombay High Court, which dismissed the appellant's writ petition challenging the termination of the respondent's employment as a Peon without a departmental inquiry under Article 311(2) of the Constitution of India. The Court found that the reasons for dispensing with the inquiry were not recorded prior to the termination order, as established by the Maharashtra Administrative Tribunal. Consequently, the termination was deemed invalid due to procedural impropriety, leading to the dismissal of the appeal.

DIRECTOR, TOWN PLANNING MAHARASHTRA &ANR vs BHALCHANDRA VASANTRAO KULKARNI · Niyam