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RAJAN ROY
Smt. Laxmi Tomar – Appellant
Versus
General Manager Food Corporation of India Lucknow – Respondent
| Table of Content |
|---|
| 1. background of the disciplinary case against the petitioner. (Para 2 , 3 , 4 , 6 , 8 , 9) |
| 2. legal foundation regarding caste certificate and misconduct. (Para 5 , 10 , 12 , 13) |
| 3. court's findings on evidence and lack of misconduct. (Para 14 , 15 , 18 , 19) |
| 4. decision on reversion's justification and treatment of suspension. (Para 22 , 24) |
| 5. conclusion and orders regarding the petition. (Para 25 , 26 , 27 , 28) |
JUDGMENT
Rajan Roy, J.
Heard.
2. This petition was filed on 23.05.2011 by the petitioner challenging inter alia the order of punishment dated 26.04.2011 passed by the General Manager, Food Corporation of India, U.P. Region, Lucknow. No interim order was passed therein and the petitioner stood reverted to the post of AG-III(D). Further relief of being allowed to perform her duties was also sought. The petition was amended on 08.04.2013 and relief for reinstatement on the post of Assistant Grade-II (Depot) w.e.f. the date of her reversion to the post of Assistant Grade-III (Depot) under the impugned order as also to pay arrears of salary and her other dues, etc. were added.
3. By means of the impugned order, the petitioner has been reverted from the post of AG-I
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....
Disciplinary termination without jurisdiction violates natural justice; customary divorce acknowledged, rendering bigamy charges invalid under personal law.
A person who fraudulently obtains a caste certificate by misrepresenting facts is not entitled to the benefits reserved for the caste or community mentioned in the certificate.
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....
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
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