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Kailash Chandra Sharma Vs. Rsrtc and State of Rajasthan

Kailash Chandra Sharma vs Rsrtc and State of Rajasthan

Disposition Petition allowed Court Rajasthan Decided Apr 27, 1989
~1 min read
https://sooperkanoon.com/case/762089

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
D.B. Civil Writ Petition No. 1480 of 1986
Subject
Service
Disposition
Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Constitution of India - Article 226--Termination of service without enquiry--Termination order mentions loss of confidence of employer and unsatisfactory work--Held, remarks amount to stigma and termination is bad.;Relied on: Kamal Kishore Lakshman v. M/s. Pad American Airways AIR 1987 SC 229;Writ Allowed - - Shar...

Key legal issue
Service
Outcome / disposition
Petition allowed

Parties & Advocates

Appellant / Petitioner

Kailash Chandra Sharma

Advocate Mr. Sharma

Respondent

Rsrtc and State of Rajasthan

Legal References

Cases Referred
Kamal Kishore Lakshman v. Management of Mis Pan American World Airways Inc. and Ors.
Reported In
1989WLN(UC)84

Excerpt

constitution of india - article 226--termination of service without enquiry--termination order mentions loss of confidence of employer and unsatisfactory work--held, remarks amount to stigma and termination is bad.;relied on: kamal kishore lakshman v. m/s. pad american airways air 1987 sc 229;writ allowed - - sharma, learned counsel for the petitioner is that these remarks in annexure-1 amount to stigma and unless a disciplinary action is initiated against the petitioner, the termination of the service on that account is bad and inoperative.1. heard. perused the impugned order annexure-1 by which the petitioner's services were terminated. in the impugned order. it has been mentioned that the work of the petitioner was not found satisfactory during the period of probation and thus employer had lost confidence in the employee.2. the contention of mr. sharma, learned counsel for the petitioner is that these remarks in annexure-1 amount to stigma and unless a disciplinary action is initiated against the petitioner, the termination of the service on that account is bad and inoperative. reliance in support of the contention was placed on kamal kishore lakshman v. management of mis pan american world airways inc. and ors. : (1987)illj107sc . we have gone through the decision and find that the case in our hand is squarely covered by the decision rendered there in.3. in the result, we allow the write petition and set a side the impugned order annexure-l dated 26 4-1985 by which the petitioner's services were terminated. respondents are directed to further with reinstate the petitioner. the petitioner will get back wages at 50 percent.4. no order as to costs.

Full Judgment

1. Heard. Perused the impugned order Annexure-1 by which the petitioner's services were terminated. In the impugned order. it has been mentioned that the work of the petitioner was not found satisfactory during the period of probation and thus employer had lost confidence in the employee.

2. The contention of Mr. Sharma, learned Counsel for the petitioner is that these remarks in Annexure-1 amount to stigma and unless a disciplinary action is initiated against the petitioner, the termination of the service on that account is bad and inoperative. Reliance in support of the contention was placed on Kamal Kishore Lakshman v. Management of Mis Pan American World Airways Inc. and Ors. : (1987)ILLJ107SC . We have gone through the decision and find that the case in our hand is squarely covered by the decision rendered there in.

3. In the result, we allow the write petition and set a side the impugned order Annexure-l dated 26 4-1985 by which the petitioner's services were terminated. Respondents are directed to further with reinstate the petitioner. The petitioner will get back wages at 50 percent.

4. No order as to costs.

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