Supreme Court of India

Indian Railway Construction Co. Ltd. v. Ajay Kumar

Neutral citation

Bench Shivaraj V. Patil and Arijit Pasayat JJ.

Decided 27 February 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

In our considered opinion, a further payment of Rupees 12 lacs towards back wages and for giving effect to the order of dismissal on the ground of loss of confidence would suffice. The total amount of Rupees 15 lacs shall be in full and final settlement of all claims. The payment is to be paid within eight weeks from today after making permissible deductions statutorily provided and/or adjustments, if any, to be made. The appeal is accordingly disposed of in the above terms.

Judgment, p. 403

From the headnote

Service Law: Indian Railway Construction Company Limited (Conduct, Discipline and Appeal) Rules, 1981-Rules 23 and 30-Passing of dismissal order dispensing with enquiry-Judicial review-Scope of-Held: Courts below not examining the question as to practicability or holding the enquiry in correct perspective-Reasons to dispense with enquiry not proper-Alleged acts of mis-conduct have not been disbelieved thus, employer can legitimately raise the plea of losing confidence on the employee, warranting his non-continuance in employment-Payment of back wages-Directions issued-Constitution of India-Article 311(2).

Authorities it was built on

1973 E. P. Royappa v. State of Tamil Nadu & Anr. cited by 152

Where later benches applied it

2023 Tajvir Singh Sodhi & Ors. v. The State of Jammu and Kashmir & Ors. referred to
2021 Rajeev Suri v. Delhi Development Authority & Ors referred to
2019 Jayantibhai Raojibhai Patel v. Municipal Council, Narkhed & Ors. referred to
2015 Ved Mitier Gill v. Union Territory Administration, Chandigarh and Others referred to
2013 Arun Kumar Agrawal v. Union of India & Ors. referred to
2013 Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (d.ed.) and Others referred to

Of those, 6 referred to

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