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1999 Supreme(SC) 713

S.RAJENDRA BABU, B.N.KIRPAL
Ganganagar Zila Dugdh Utpadak And Sahkari Sangh LTD. – Appellant
Versus
Priyanka Joshi – Respondent


Order

Special leave granted.

2. The respondent was employed as an Assistant Manager on 6th October, 1993. She was put on probation for one year. It appears that leave was granted to her from 16th October, 1994 to 25th October, 1994. Thereaf­ter, she did not join duty despite notices dated 7th November, 1994 and 23rd November, 1994.

3. Impugned order dated 30th Nov­ember, 1994 was passed which reads as follows:

“Smt. Priyanka Joshi, Assistant Manager (Plant) is being Barkhast (dismiss) from the service of Sangh with effect from the afternoon today dated 30.11.94 under Gangmul Service Rules. 1992”

4. The respondent filed a writ petition contending that her services could not be terminated without following the procedure of holding an inquiry. The Single Judge dismissed the writ petition that the im­pugned order did not cast any stigma. The respondent then filed an appeal which was allowed by the High Court by holding that the perusal of the impugned order showed that it was an order of dismissal and did cast a stigma.

5. In our opinioin, the Division Bench of the High Court was not correct in the conclusion which it arrived at. It is not in dispute that when the order dated 30th Novembe







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