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    <title>2003 (10) TMI 626 - Supreme Court</title>
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    <description>Back wages were upheld where dismissal had been imposed without enquiry or show-cause notice, and the breach of natural justice was treated as material to the employee&#039;s monetary entitlement. Fundamental Rule 54 could not be used to deny salary for the period out of service because such denial depends on a specific order based on relevant facts and lawful consideration; here, the reinstatement direction and the absence of disciplinary process made the rule inapplicable. The respondent was therefore entitled to back wages for the intervening period, and the contrary reliance on Fundamental Rule 54 was rejected.</description>
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    <pubDate>Tue, 28 Oct 2003 00:00:00 +0530</pubDate>
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      <title>2003 (10) TMI 626 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=162012</link>
      <description>Back wages were upheld where dismissal had been imposed without enquiry or show-cause notice, and the breach of natural justice was treated as material to the employee&#039;s monetary entitlement. Fundamental Rule 54 could not be used to deny salary for the period out of service because such denial depends on a specific order based on relevant facts and lawful consideration; here, the reinstatement direction and the absence of disciplinary process made the rule inapplicable. The respondent was therefore entitled to back wages for the intervening period, and the contrary reliance on Fundamental Rule 54 was rejected.</description>
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      <pubDate>Tue, 28 Oct 2003 00:00:00 +0530</pubDate>
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