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Supreme Court of India 2019-07-29 partly_allowed

RAJASTHAN HOUSING BOARD vs ROSHAN LAL SAINI AND ORS

Bench: 2 — Mohan M. Shantanagoudar, Sanjiv Khanna

In Brief

An employee of Rajasthan Housing Board challenged two dismissal orders—one dated 3 January 2003 for unauthorised absence, and another dated 25 October 2013 for embezzlement and financial irregularities. The High Court had set aside both. The Supreme Court held that while the first dismissal on the ground of absence could properly await Labour Court proceedings, the second dismissal could not be sustained because an employee already dismissed cannot face another dismissal on separate charges. The Court set aside the second dismissal order and kept those proceedings in abeyance, allowing them to be recommenced only if the first dismissal is subsequently set aside and the employee reinstated.

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Employment Law Labour Law Administrative Law Disciplinary Proceedings Dismissal

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