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.