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Supreme Court of India 2019-05-09 allowed

Khetri Vikas Samiti vs Director College Education, Government of Rajasthan & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns the validity of removal orders issued against employees of non-government educational institutions in Rajasthan. The Supreme Court held that Rule 39 of the 1989 Act applies only to specific employee categories and grounds (insubordination, inefficiency, misconduct, etc.). Removal orders must strictly comply with statutory procedure and obtain necessary government approval. The Court quashed removal orders passed without following mandated procedures, finding that documents not originally on the tribunal record cannot be used to validate improper removals. The appeals were allowed and reinstatement directions affirmed.

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Labour Law Educational Institutions Service Law Dismissal and Removal Administrative Procedure

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