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Supreme Court of India 2018-10-29 allowed

S. Mahesh vs Chairman Cum Managing Director, Neyveli Lignite Corporation Ltd. Neyveli Tamil Nadu & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A government company (NLC) selected a diploma engineer trainee who disclosed he could not produce an original SC certificate and requested general category treatment. The company accepted this and appointed him, later promoting him. Over 13 years later, the company conducted disciplinary proceedings for false certification and ultimately voided his appointment. The Supreme Court held this action was arbitrary and mala fide. Since the company had condoned the issue by appointing and promoting the employee, and since any power to enhance punishment must be exercised within 30 days (not 13 years), the Court quashed the termination and restored the employee's position.

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Administrative Law Employment Law Disciplinary Procedure Caste Certificate Statutory Interpretation Rule 30 NLC Employees Rules Government Company Mala Fides Writ Jurisdiction

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