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SUPREME COURT OF INDIA
J S Verma, S P Kurdukar
RANJAN KUMAR MITRA, APPELLANT
VERSUS
ANDREW YULE & CO. LTD. AND OTHERS, RESPONDENTS.
Civil Appeal No. 3484 of 1996, decided on January 14, 1997.
Termination - Appellant's Service - Summary: The appellant's termination was upheld by the court due to the appellant's non-participation in the enquiry, regardless of the maintainability of the writ petition filed in the High Court.
Fact of the Case:
The appellant's service was terminated after an enquiry in which the appellant chose not to participate.
Finding of the Court:
The court upheld the appellant's termination, stating that the appellant cannot assail his termination on merits due to non-participation in the enquiry.
Issues: The maintainability of the writ petition filed by the appellant in the High Court.
Ratio Decidendi: The appellant's non-participation in the enquiry led to the court's decision to dismiss the appeal and uphold the termination.
Final Decision: The appeal was dismissed by the court.
ORDER
1. In view of the fact that the appellants service was terminated after an enquiry in which the appellant chose not to participate, we are of the view that the appellant cannot assail his termination on merits, even assuming that the writ petition filed by him in the High Court was maintainable. For this reason, it is not necessary to examine the correctness of the High Courts view that the writ petition was not maintainable. The dismissal of the appeal by this Court is, therefore, not to be construed as an expression of any opinion on the merits of the view taken by the High Court on the question of maintainability of the writ petition.
2. The appeal is dismissed.
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