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august 2019

Supreme Court of India · 2019-08-21

JAYANTIBHAI vs MUNICIPAL COUNCIL NARKHED

Citation / case number
SC 2017/17573
Court
Supreme Court of India
Petitioner
JAYANTIBHAI
Respondent
MUNICIPAL COUNCIL NARKHED
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court held that the removal of the appellant from service was wrongful, as the inquiry officer's initial report found him not guilty of misappropriation. The Court emphasized that once a termination is deemed illegal, the principle of awarding back-wages applies, citing precedents from Hindustan Tin Works (P) Ltd v Employees and Deepali Gundu Surwase v Kranti Junior Adhyapak Mahavidyalaya. The Court ordered the payment of back-wages to the appellant, affirming his entitlement to full benefits due to the wrongful termination under Section 79(6) of the Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

JAYANTIBHAI vs MUNICIPAL COUNCIL NARKHED · Niyam