1. In view of the fact that the appellants service was terminated after an enquiry in which the appellant chose not to participate, we are of the view that the appellant cannot assail his termination on merits, even assuming that the writ petition filed by him in the High Court was maintainable. For this reason, it is not necessary to examine the correctness of the High Courts view that the writ petition was not maintainable. The dismissal of the appeal by this Court is, therefore, not to be construed as an expression of any opinion on the merits of the view taken by the High Court on the question of maintainability of the writ petition
2. The appeal is dismissed.
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Ranjan Kumar Mitra v. S Andrew Yule And Company Limited And Others
Ranjan Kumar Mitra v. S Andrew Yule And Company Limited And Others
(Supreme Court Of India)
Civil Appeal No. 3484 Of 1996 | 14-01-1997
Advocate List
- For
Bench
- HON'BLE JUSTICE J. S. VERMA
- HON'BLE JUSTICE S. P. KURDUKAR
Eq Citations
- (1997) 10 SCC 386
- LQ/SC/1997/48
Head Note
Service Law — Termination of Service — Termination after enquiry in which employee chose not to participate — Maintainability of writ petition challenging termination — Held, employee cannot assail his termination on merits — Hence, it is not necessary to examine correctness of High Court's view that writ petition was not maintainable — Constitution of India — Art. 226 — Maintainability of writ petition
