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.