Q: Elaborate the citation of Rathin Ghosh Vs. West Bengal State Electricity Distribution Company Ltd. and Ors., 2019 ?

Ans: Rathin Ghosh Vs. West Bengal State Electricity Distribution Company Ltd. and Ors., 2019

The charges which were held to be proved were not any such charges on which punishment of dismissal could have been imposed.
The Supreme Court held that awarding punishment of dismissal of the appellant is disproportionate and deserves to be set aside.
As recorded in the order dated 09.10.2018, the Supreme Court has proposed that the resignation letter be treated as a voluntary retirement and the appellant be entitled to all benefits accruing to him on retirement as on that date. The Supreme Court is of the view that the ends of justice be served in allowing this appeal setting aside the dismissal order by directing that resignation letter of the appellant dated 13.05.2008 be treated as voluntary retirement with further direction to treat the appellant as voluntarily retired on that date and to compute all benefits accruing to the appellant including gratuity and pension as admissible on that date. The respondents are directed to compute the entire benefits of the appellant and make the payment within a period of two months from today. In event, the payment is not made within two months of this order, such payment shall carry interest at the rate of 6% per annum. The appeal is allowed to the above extent.

Comments

Post a Comment

Popular posts from this blog

Q: Describe the citation of Chandra Kumar v. Union of India in brief ?

Ans: The larger issue before the Bench was whether the orders passed by the Armed Forces Tribunal set up under the Armed Forces Tribunal Act, 2007 would be amenable to challenge before High Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. It will be noted that when the concept of tribunalisation was upheld in L Chandra Kumar v. Union of India  that the Court had unequivocally opined that the orders passed by the Tribunals would be subject to the jurisdiction of the High Court under Article 226 of Indian Constitution.  x
Read more

Q: Describe the citation of S.N. Mukherjee v. Union of India ?

Ans: Learned counsels fortified their arguments on the basis of observations in S.N. Mukherjee v. Union of India ,  more specifically in paragraph 42, where the Supreme Court held that the High Courts, under Article 226, have the power of judicial review even in respect of courts martial and the High Courts can grant appropriate relief if the said proceedings have resulted in denial of the fundamental rights guaranteed under Part III of the Constitution or if the said proceedings suffer from a jurisdictional error or any error of law apparent on the face of the record. x
Read more

Q: Elaborate the relevancy of citation of Ranjit Thakur v. Union Of India And Others ,Supreme Court Of India, Oct 15, 1987 with present case ?

Ans: Ranjit Thakur v. Union Of India And Others ,Supreme Court Of India, Oct 15, 1987 Appellant, Ranjit Thakur, joined the Armed Services on September 7, 1972, and was, at the relevant time, a Signalman in “4 Corps Operating Signal Regiment”. Apparently, appellant had not commended himself well to Respondent 4, who was the commanding officer of the regiment. On March 29, 1985, appellant was already serving out a sentence of 28 days' rigorous imprisonment imposed on him for violating the norms for presenting representations to higher officers. Appellant is stated to have sent representation complaining ill-treatment at the hands of Respondent 4 directly to the higher officers. Appellant was punished for that by Respondent 4. Army Act Section 41(2) Disobeying a lawful command given by his superior officer In that he at 15.30 hrs. on May 29, 1985 when ordered by JC 106251-P Sub Ram Singh, the Orderly Officer of the same Regiment to eat his food, did not do so. To try this offence a su...
Read more