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ARUN MONGA
Indian Institute of Technology, Delhi – Appellant
Versus
Kuldip Singh – Respondent
| Table of Content |
|---|
| 1. background of employment and termination (Para 2 , 3 , 4) |
| 2. issues framed in the suit (Para 5 , 6 , 7) |
| 3. arguments on jurisdiction and leave (Para 10 , 11) |
| 4. defendant's position on concurrent findings (Para 12) |
| 5. court's analysis on jurisdiction and merits (Para 13 , 14) |
| 6. conclusion of the appeal and its dismissal (Para 16 , 25) |
| 7. evaluation of the inquiry and termination process (Para 18) |
| 8. evidence and procedural compliance (Para 19 , 20 , 21 , 22 , 24) |
| 9. sympathetic consideration of the plaintiff's financial status (Para 26) |
| 10. final order of the court (Para 27 , 28 , 29) |
JUDGMENT
Arun Monga, J.
For convenience, parties herein are addressed as per the recitals before learned trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, defendants(appellants herein)are in second appeal before this Court assailing learned trial Court judgment and decree dated 31.08.1994, as upheld by learned First Appellate Court vide its judgment and decree dated 18.09.1998.
3. Plaintiff/ respondent filed a suit at District Court, Ludhiana challenging order dated 09.12.1986 signed and issued by defendant No.3 (appellant No.3 herein)- Deputy Registrar (Adm
Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.
Termination of employment requires strict adherence to statutory procedures, including proper notice and opportunity for the employee to respond.
Period of absence due to quashed removal order, where proceedings not concluded post-reinstatement, validly treated as non-qualifying extraordinary leave; judicial review limited, 'no work, no pay' a....
The court held that employment in aided institutions is governed by contract law unless statutory provisions apply, making the writ petition non-maintainable for internal disputes.
Civil courts have jurisdiction over wrongful termination claims in private employment, but reinstatement cannot be mandated if employment is governed by private contractual rules. Remedies may includ....
The main legal point established in the judgment is that a civil suit challenging a dismissal order and appeal rejection order can be maintainable before the Civil Court, and that the plaintiff is en....
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