Back
SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Bibhishan Prasad – Appellant
Versus
Damodar Valley Corporation through Member Secretary – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No.4552 of 2022
1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 42 days in preferring this Letters Patent Appeal.
2. Heard the parties.
3. Having regard to the averments made in the application and submissions made on behalf of the appellant, we are of the view that the appellant was prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 42 days in preferring the appeal is hereby condoned.
4. I.A. No. 4552 of 2022 stands allowed.
L.P.A. No.195 of 2022
5. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order dated 23.02.2022 passed by learned Single Judge of this Court in W.P.(S) No.1630 of 2019 whereby and whereunder while dismissing the writ petition the order dated 01.02.2019 passed by the Appellate Authority whereby the order dated 21.05.2018 passed by the Disciplinary Authority dismissing the writ petitioner from service has been affirmed, has been refused to be interfered with.
6. Brief facts of the case as per the pleadings made in the writ proceeding, which are requi
The main legal point established in the judgment is the limited scope of judicial review under Article 226 of the Constitution of India in disciplinary proceedings, as well as the principles governin....
The main legal point established in the judgment is that fraud vitiates every solemn act, and sympathy cannot override the lack of a legal right.
The dismissal of an employee for alleged misconduct must be substantiated by clear evidence; failure to prove the charge renders the dismissal arbitrary and unjust.
The main legal point established in the judgment is the invalidation of the caste certificate and the overruling of previous decisions by a larger bench, leading to the dismissal of the first respond....
Fraud vitiates everything, and a subsequent action cannot validate an action that was not lawful at its inception. If an order is bad in its inception, it does not get sanctified at a later stage.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
