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january 2012

Supreme Court of India · 2012-01-04

COAL MINES P.F.COMMR.TR.BOARD OF TRUSTEE vs RAMESH CHANDRA JHA

Citation / case number
SC 2011/5022
Court
Supreme Court of India
Petitioner
COAL MINES P.F.COMMR.TR.BOARD OF TRUSTEE
Respondent
RAMESH CHANDRA JHA
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,SURINDER SINGH NIJJAR,J. CHELAMESWAR

Judgment text excerpt

The Supreme Court ruled that the Coal Mines Provident Fund Commissioner is a 'public officer' under Section 2(17) of the Code of Civil Procedure, necessitating notice under Section 80 CPC before filing a suit against him. The Court upheld the decision of the lower court that the Respondent's removal from service was arbitrary and violated Article 311 of the Constitution, thus reinstating the Respondent with all benefits. The Court confirmed that the Respondent's Title Suit No.102 of 1990 was maintainable after proper notice was served, reversing the Appellant's challenge.

COAL MINES P.F.COMMR.TR.BOARD OF TRUSTEE vs RAMESH CHANDRA JHA · Niyam