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Jeevak Aushadhi Arogya Shetki ... vs Zolba Buddhuji Bandhate And Another on 4 September, 2019 cites

U.P. State Spinning Co. Ltd vs R.S. Pandey And Anr on 26 September, 2005

"45. At this stage, it would be relevant to make reference to the cases of Government employees, who are protected under Article 311 of the Constitution of India. If the punitive action leading to dismissal, removal or reduction in rank without holding enquiry is taken in case of Government employee, then no alternative is left for the Courts but to direct reinstatement with full backwages. However, in the recent judgments, the Apex Court has adopted little different route and permitted the management to hold departmental enquiry from the stage the illegality has crept in. In this behalf, readily available judgments are in the cases of State of Punjab and others vs. Dr. Harbhajan Singh Greasy, U. P. State Spinning Co. Ltd. vs. R. S. Pandey and another, (2005) 8 SCC 264, U. P. State Textile Corpn. Ltd. vs. P. C. Chaturvedi and others, 2005 (8) SCC 211 ; wherein the Supreme Court has observed that in case of no enquiry or defective enquiry, proper relief is to set aside the dismissal with direction to ::: Uploaded on - 18/09/2019 ::: Downloaded on - 18/04/2020 09:32:14 ::: Judgment 6 wp5478.19.odt the management to hold enquiry from the stage the illegality has crept in and that the reinstatement is to be treated for the purposes of holding fresh enquiry and no more. So far as backwages are concerned, the entitlement thereof is to make dependent on the final outcome of the fresh enquiry."
Supreme Court of India Cites 42 - Cited by 225 - A Pasayat - Full Document

Saindranath S/O Jagannath Jawanjal vs Pratibha Shikshan Sanstha, Through Its ... on 10 April, 2007

8. After considering the rival submissions, I find that the Tribunal has committed an error by taking away the right of the Management to conduct an enquiry against the respondent No.1/employee to ascertain the truthfulness and genuineness of the charges levelled against him. While dealing with similar situation, in the case of Saindranath Vs. Pratibha S. Sanstha, reported in 2007(3) Mh.L.J. F.B. 753 the Full Bench has recorded as follows:
Bombay High Court Cites 54 - Cited by 15 - V C Daga - Full Document

U.P. State Textile Corporation Ltd vs P.C. Chaturvedi And Ors on 3 October, 2005

"45. At this stage, it would be relevant to make reference to the cases of Government employees, who are protected under Article 311 of the Constitution of India. If the punitive action leading to dismissal, removal or reduction in rank without holding enquiry is taken in case of Government employee, then no alternative is left for the Courts but to direct reinstatement with full backwages. However, in the recent judgments, the Apex Court has adopted little different route and permitted the management to hold departmental enquiry from the stage the illegality has crept in. In this behalf, readily available judgments are in the cases of State of Punjab and others vs. Dr. Harbhajan Singh Greasy, U. P. State Spinning Co. Ltd. vs. R. S. Pandey and another, (2005) 8 SCC 264, U. P. State Textile Corpn. Ltd. vs. P. C. Chaturvedi and others, 2005 (8) SCC 211 ; wherein the Supreme Court has observed that in case of no enquiry or defective enquiry, proper relief is to set aside the dismissal with direction to ::: Uploaded on - 18/09/2019 ::: Downloaded on - 18/04/2020 09:32:14 ::: Judgment 6 wp5478.19.odt the management to hold enquiry from the stage the illegality has crept in and that the reinstatement is to be treated for the purposes of holding fresh enquiry and no more. So far as backwages are concerned, the entitlement thereof is to make dependent on the final outcome of the fresh enquiry."
Supreme Court of India Cites 7 - Cited by 95 - A Pasayat - Full Document

Abdul Salam Abdul Khalique vs Shah Babu Education Society, Patur ... on 12 March, 2019

In my view, the judgments given in the cases of Harbhajan Singh (supra) and Abdul Salam Abdul Khalique (supra) provide answer to the issue which falls for consideration in this matter. Considering the propositions laid down in these judgments, it has to be held that the Tribunal should have remitted the matter to the Management for de novo enquiry.
Bombay High Court Cites 0 - Cited by 1 - A S Chandurkar - Full Document
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