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M.K. Jain (Dead) Thr. LRs v. The State of Uttar Pradesh

Civil Appeal · 2018 INSC 606Decided 12 Jul 2018
Civil Appeal No. 8872 of 2011
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant, M.K. Jain, challenged his termination from service, with the case continuing through his legal heirs after his death in 2007. During the pendency of proceedings, it emerged that the employer entity (a Nigam) had been wound up in 2000, with its employees absorbed by the State of Uttarakhand into various departments.

Decision Breakdown

The Supreme Court held that, having regard to the charges proved in the disciplinary inquiry and the concurrent findings of the lower fora, there was no reason to interfere with those findings, so the termination itself was not overturned. However, the Court directed the State to verify, within three months, whether the deceased appellant had been paid all dues owed to him, including subsistence allowance during his suspension period. If any amount was found due, his legal heirs were to be paid that sum with 18% annual interest within a further month. The appeal was disposed of on these terms with no order as to costs.

Lesson Learnt

A disciplinary finding that has been consistently upheld through multiple levels of adjudication is unlikely to be reopened by the Supreme Court on facts alone, but courts will still ensure that financial dues legitimately owed to an employee (or their heirs) during suspension are actually verified and paid.

Official source (sci.gov.in)View Judgment (PDF)

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