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SC stays dismissal order against CAE
2/8/2013 11:26:17 PM

Early Times Report

JAMMU, Feb 8 : A Division Bench of Supreme Court of India comprising Justice Surinder Singh Nijjar and Justice M Y Eqbal today stayed the judgment of the Division Bench of High Court of Andhra Pradesh, Hyderabad in which the High Court had set aside single judge judgment holding that termination order against Y V Raju, Chief Aircraft Engineer in the Air India dated 26.05.2010 was invalid and unsustainable.
The Division Bench of the same High Court set aside the order of the single bench by allowing the appeals made by the management of Air India. The High Court had also set aside another judgment of the single bench in favour of S.P.D. Sudhakar, Chief Pharmacist.
The petitioners moved SLP in the Supreme Court of India which was heard by the Division Bench of the Supreme Court. Prof. Bhim Singh, Sr. Advocate appearing for Y.V. Raju, Chief Aircraft Engineer submitted that Section 13(a) formulated recently by Air India under which Raju and about 50 other Air India employees were dismissed was not applicable to the present petitioners.
He said that termination order by the management board was violative of the principles of natural justice and Section 13(a) of Regulations of Service was not applicable in the present case as it was related to the Code of Conduct only.
Prof. Bhim Singh also submitted that all other dismissed employees of Air India were reinstated except Raju who happened to be Secretary General of the Union and S.P.D. Sudhakar, Chief Pharmacist who was Regional Secretary of the Union.
Prof. Bhim Singh vehemently argued that the order of dismissal against the petitioners was totally illegal, improper, unconstitutional and malafide and therefore deserved to be set aside.
The Supreme Court issued the notice to the Air India returnable in four weeks. The Supreme Court also stayed the operation of the order/judgment of the Division Bench of the High Court.
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