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august 2009

Supreme Court of India · 2009-08-24

C.N.MALLA vs STATE OF J&K .

Citation / case number
SC 2008/19350
Court
Supreme Court of India
Petitioner
C.N.MALLA
Respondent
STATE OF J&K .

Judgment text excerpt

The Supreme Court upheld the Division Bench's decision that the termination of the appellant's services violated the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and Section 126 of the State Constitution, which require a proper inquiry before termination. However, the Court set aside the order for back wages, emphasizing that the payment of back wages is discretionary and must consider the specific facts of each case, as established in PGI of Medical Education and Research, Chandigarh vs. Raj Kumar and U.P. State Brassware Corporation vs. Uday Narain Pandey. The Court noted a shift in legal approach regarding back wages, indicating that reinstatement and full back wages are no longer automatic upon finding a dismissal invalid.

C.N.MALLA vs STATE OF J&K . · Niyam