Supreme Court · 2009 INSC 1067 · Decided 24 August 2009
C.N. Malla v. State of Jammu and Kashmir & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1067 · [2009] 13 S.C.R. 479
- Case number
- CIVIL APPEAL No. 5770/2009
- Decided
- 24 August 2009
- Bench
- TARUN CHATTERJEE, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
~ ).-- Service Law - Back wages - Award of - Employee absent unauthorisedly - Dismissal from service - Set aside by Single Judge of High Court and award of full back wages c from date of filing writ petition upto date of superannuation - Set aside by Division Bench - On appeal, held: Direction to is not automatic consequent ; upon declaration of dismissal order bad in law - Court is required to exe;cise discretion reasonably and judiciously - D .J. Division Bench refused back wages on the ground of unauthorised leave which was not established - Division Bench also held that payment
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