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Supreme Court of India 2021-11-26 dismissed

Union of India & Ors vs Ram Bahadur Yadav

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

A Railway Protection Force Head Constable was dismissed without inquiry under Rule 161 of the RPF Rules, 1987, based on alleged theft collusion. The High Court set aside the dismissal and awarded 50% back-wages. The Supreme Court upheld this decision, holding that Rule 161 requires reasons to be recorded in the dismissal order itself, not merely in the file. The Court found no compelling justification for dispensing with inquiry and affirmed that wrongful dismissal entitles an employee to back-wages, though the amount is discretionary based on circumstances.

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Administrative Law Disciplinary Proceedings Employment Law Railway Protection Force Natural Justice Back-wages

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