Sushma v. UOI & Ors.
Case brief
What is this about?
Termination of an airline employee for involvement in gold smuggling was upheld under Regulation 13(a). The Court accepted the Board's decision on security risk and loss of confidence and found no fault with dispensing with a formal inquiry. The writ petition was dismissed without costs.
What the court decided
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 8th March, 2018 Date of decision: 13th November, 2018
- W.P.(C) 2439/2003 & CM APPL. 12575/2018 SUSHMA ..... Petitioner Through: Mr. S.P. Chadha, Adv. versus UNION OF INDIA & ORS ... Respondents Through: Ms. Suruchi Suri, Adv.
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
% J U D G M E N T
1. Vasudev Prasad, the late husband of the petitioner (referred to, hereinafter, as “Prasad”, for convenience), joined Indian Airlines Limited (Respondent No. 2 herein) on 25th March, 1974 as a cleaner. His services were confirmed in the post of cleaner with effect from 22nd October, 1974. He was promoted as foreman-A vide order dated 31st December, 1997.
2. On the allegation that he was aiding in the retrieval, from the aircraft, of 88 gold biscuits valued at ₹ 10 lakhs each, which were being said to be smuggled into India from Sharjah by two persons, Prasad was arrested on 27th June, 2000. Following thereupon, Prasad was placed under deemed suspension, vide order dated 29th June, 2000, consequent on his having remained incarcerated for a period of over 24 hours. The
Issues for consideration
3 issues framed by the court
Was termination under Regulation 13(a), on grounds of security risk and loss of confidence arising from involvement in gold smuggling, justified?
Could the employer terminate the employee's services without a formal inquiry?
Did the Standing Orders provision treating criminal conviction as misconduct preclude invocation of Regulation 13 before conviction?
Parties & counsel
- petitioner
SUSHMA
- respondent
UNION OF INDIA
- respondent
Indian Airlines Limited
Coram
Case details
As recorded by the court registry
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