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november 2009

Supreme Court of India · 2009-11-06

Satwati Deswal vs State Of Haryana & Ors

Court
Supreme Court of India
Petitioner
Satwati Deswal
Respondent
State Of Haryana & Ors
Author
Tarun Chatterjee
Bench
R.M.Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the dismissal of the writ petition by the High Court was erroneous as the appellant's termination was executed without a show-cause notice or disciplinary proceedings, violating principles of natural justice. The Court reaffirmed that a writ petition can be maintainable despite the existence of an alternative remedy when there is a violation of fundamental rights or natural justice principles, citing A.V. Venkateswaran v. Ramchand Sobhraj Wadhwani (AIR 1961 SC 1506) and L.K. Verma v. H.M.T. Ltd. (AIR 2006 SC 975). The Court allowed the appeal, ruling that the writ petition should have been entertained.

Satwati Deswal vs State Of Haryana & Ors · Niyam