Supreme Court · 2006 INSC 852 · Decided 16 November 2006

Government of India and ANR. v. George Philip

Court
Supreme Court of India
Citation
2006 INSC 852 · [2006] SUPP. 9 S.C.R. 108
Case number
CIVIL APPEAL No. 4998/2006
Decided
16 November 2006
Bench
G.P. MATHUR, DALVEER BHANDARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 51, 226

Headnote

Service Law: Dismissal-Absence from duty and overstay of leave-Enquiry' Officer C found employee guilty of charges-Punishment of dismissal-Tribunal affirmed the finding of enquiry officer but quashed dismissal on the ground of same being disproportionate to the charges-Directed competent authority order of compulsory retirement-Challenged-Order of D reinstatement by Tribunal, upheld by High Court-Correctness of-Held: Not correct-The only issue before Tribunai was quantum of punishment-Findings in enquily having been affirmed by Tribunal at first instai1ce, it was not open to Tribunal while

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