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Supreme Court Case on Termination Validity

The document outlines a civil appeal to the Supreme Court challenging the Madras High Court's decision regarding the termination of a respondent's services. The Supreme Court ruled that the termination was based on unsatisfactory performance rather than misconduct, thus upholding the termination order. Reference cases were cited to support the judgment.

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16 views2 pages

Supreme Court Case on Termination Validity

The document outlines a civil appeal to the Supreme Court challenging the Madras High Court's decision regarding the termination of a respondent's services. The Supreme Court ruled that the termination was based on unsatisfactory performance rather than misconduct, thus upholding the termination order. Reference cases were cited to support the judgment.

Uploaded by

dramaroom.mylife
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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This Case Explanation includes important Laws, background of case, Facts of case, question
in matter, judgment and reference cases.

First
Important Laws covered in the case are,
 None

Second
Background of case
 The appellant filed civil appeal to the Supreme Court challenging decision of
the Madras High Court.

Third
Facts of the case
 The Board of Directors considered the performance and suitability of the
respondent on the basis of his entire service records including the Performance
and Assessment Report prepared by the office and passed a resolution to the
effect that the services of the respondent be terminated.
 The respondent preferred a writ petition in the Madras High Court praying for
setting aside and quashing the order terminating his services.
 The High Court allowed the writ petition, holding that the order of termination
was stigmatic and therefore could not have been given effect to without giving
the respondent an opportunity to defend himself.

Fourth
question in matter
 Whether the termination of the respondent services was simpliciter due to
unsatisfactory service or stigmatic due to misconduct.

Fifth
judgment stated

 The Supreme Court held that the termination of the respondent services was
simpliciter and not stigmatic. The Court relied on the fact that the respondent
was repeatedly informed about his unsatisfactory performance and was given
ample opportunities to improve. No misconduct was alleged against the
respondent, and the termination was based solely on his unsuitability for the
position. Accordingly, the Court set aside the High Court decision and upheld
the termination order.

Sixth
Reference cases used in judgment
 Abhijit Gupta versus S.N.B. National Centre, Basic Sciences
 Mathew P. Thomas versus Kerala State Civil Supply Corpn. Ltd.
 Abhijit Gupta versus S.N.B. National Centre, Basic Sciences
 Mathew P. Thomas versus Kerala State Civil Supply Corpn. Ltd.
 Allahabad Bank Officers Assn. versus Allahabad Bank
 Pavanendra Narayan verma versus Sanjay Gandhi PGI of Medical Sciences

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