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Supreme Court of India 2019-08-21 partly_allowed

JAYANTIBHAI vs MUNICIPAL COUNCIL NARKHED

Bench: 2 — Dhananjaya Y Chandrachud, Indira Banerjee

In Brief

Jayantibhai Patel was appointed as a school headmaster in 1986 but removed in 1996 following allegations of misappropriation. The first inquiry cleared him, but the council appointed a second inquiry officer without recording reasons, leading to his removal. The High Court quashed the removal but denied back wages as he had since retired. The Supreme Court held that denying all back wages was unjustified, as the employer must justify departure from the principle that wrongful termination entitles back wages. Given the eighteen-year litigation and superannuation in the interim, the Court awarded Rs 5 lakhs lump-sum compensation in addition to retiral benefits, rather than reopening proceedings.

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