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1975 (10) TMI 104 - SC - Indian Laws

Issues involved: Appeal by State against reinstatement of a suspended employee, legality of re-opening disciplinary proceedings after exoneration and reinstatement.

Summary:
The Supreme Court considered an appeal by the State against the reinstatement of a veterinary assistant who had been suspended and then reinstated following disciplinary proceedings. The Court noted the lack of reasoned findings in the reinstatement order and the subsequent attempt to re-open the case after the retirement of the officer who had handled the initial proceedings. The High Court had granted relief to the employee, holding that there was no power to re-open a case after exoneration and reinstatement. The Supreme Court emphasized the importance of following legal provisions and rules in disciplinary matters, stating that a second inquiry cannot be initiated without specific authority or provision. The Court dismissed the appeal, highlighting that once a disciplinary case is closed and the employee is reinstated, a government cannot restart the process without the necessary legal authority.

 

 

 

 

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