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august 2009

Supreme Court of India · 2009-08-24

Coal India Ltd. & Anr vs Mukul Kumar Choudhari & Ors

Court
Supreme Court of India
Petitioner
Coal India Ltd. & Anr
Respondent
Mukul Kumar Choudhari & Ors
Bench
R. M. Lodha, P. Sathasivam

Judgment text excerpt

The Division Bench of the Calcutta High Court upheld the Single Judge's order for reinstatement of Mukul Kumar Choudhuri under the Coal India Executives Conduct Discipline and Appeal Rules, 1978, while modifying the order to include back wages. The court found that the disciplinary proceedings were conducted in accordance with the rules, and the absence without leave constituted misconduct. The court held that the Respondent was entitled to back wages for the period of absence after reinstatement, affirming the principle that reinstatement should come with full benefits unless otherwise specified.

Coal India Ltd. & Anr vs Mukul Kumar Choudhari & Ors · Niyam