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    <title>1996 (11) TMI 485 - RAJASTHAN HIGH COURT</title>
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    <description>Dismissal by an authority subordinate to the appointing authority, without delegated power, was treated as per se illegal and without jurisdiction; the appellate affirmation did not cure the defect. The court also held that the government-controlled company was amenable to writ jurisdiction under Article 226 as an instrumentality of the Central Government and, on the discussion, satisfied Article 12. The disciplinary process was found vitiated by denial of relevant documents, refusal to summon defence witnesses, non-examination of the process server, consideration of extraneous material, and a non-speaking appellate order. The dismissal and appellate orders were quashed, and reinstatement with back wages and consequential benefits was directed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=308185</link>
      <description>Dismissal by an authority subordinate to the appointing authority, without delegated power, was treated as per se illegal and without jurisdiction; the appellate affirmation did not cure the defect. The court also held that the government-controlled company was amenable to writ jurisdiction under Article 226 as an instrumentality of the Central Government and, on the discussion, satisfied Article 12. The disciplinary process was found vitiated by denial of relevant documents, refusal to summon defence witnesses, non-examination of the process server, consideration of extraneous material, and a non-speaking appellate order. The dismissal and appellate orders were quashed, and reinstatement with back wages and consequential benefits was directed.</description>
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