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    <title>1992 (1) TMI 348 - Supreme Court</title>
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    <description>A service rule was upheld as constitutionally valid because a statutory provision is presumed constitutional and, where possible, must be read consistently with Part III; construed that way, the rule authorised an objective decision that a post was no longer needed and effectively abolished. However, the employee&#039;s termination failed on the facts because the post was not truly abolished and the misconduct procedure under the service rules was not used. The termination was therefore illegal, and due to the long lapse of time, compensation was ordered in lieu of reinstatement.</description>
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    <pubDate>Fri, 17 Jan 1992 00:00:00 +0530</pubDate>
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      <title>1992 (1) TMI 348 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=191942</link>
      <description>A service rule was upheld as constitutionally valid because a statutory provision is presumed constitutional and, where possible, must be read consistently with Part III; construed that way, the rule authorised an objective decision that a post was no longer needed and effectively abolished. However, the employee&#039;s termination failed on the facts because the post was not truly abolished and the misconduct procedure under the service rules was not used. The termination was therefore illegal, and due to the long lapse of time, compensation was ordered in lieu of reinstatement.</description>
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      <pubDate>Fri, 17 Jan 1992 00:00:00 +0530</pubDate>
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