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2006 Supreme(SC) 382

RUMA PAL, DALVEER BHANDARI, MARKANDEY KATJU
Maharashtra State Mining Corpn. – Appellant
Versus
Sunil – Respondent


JUDGMENT

Leave granted.

2. The respondent was employed by the appellant. On the basis that the respondent had indulged in various activities of misconduct, he was placed under suspension pending disciplinary enquiry. The respondent was served with a charge-sheet which was issued by the Managing Director of the Appellant. An Enquiry Officer was appointed. After holding the enquiry, a report was submitted by the Enquiry Officer. According to the report, of the eight charges, four were proved, one partly proved and three not proved. The Managing Director concurred with the Enquiry Officer’s findings and issued a show cause notice to the appellant why the punishment of dismissal of service should not be imposed upon him. No reply appears to have been given to this notice and the respondent was dismissed from service on 25th January, 1991. The order of dismissal was also passed by the Managing Director. Challenging the order of dismissal, the respondent filed a writ petition before the Nagpur Bench of the Bombay High Court.

3. While the writ petition was pending, the Board of Directors of the appellant Corporation passed a resolution ratifying the action taken by the Managing Director in r














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