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Supreme Court of India 2020-03-17 allowed

Bharat Petroleum Corporation Limited and Others vs Anil Padegaonkar

Bench: 2 — <UNKNOWN>

In Brief

Bharat Petroleum Corporation Limited dismissed an employee (Anil Padegaonkar) following a charge-sheet issued by a DGM. The High Court set aside the dismissal, holding the charge-sheet incompetent because issued by someone other than the designated Functional Director. The Supreme Court reversed this, holding that a delegation of authority manual, never superseded, made the DGM competent to issue the charge-sheet. The Court found the High Court had posed the wrong question by assuming dismissal rather than examining actual authority. The appellant corporation's appeal was allowed and the employee's appeal dismissed.

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Administrative Law Labour Law Service Discipline Jurisdiction of Disciplinary Authority Delegation of Authority

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