VidhiSangh

Supreme Court of India · 27/08/2019

PRAHLAD RAUT versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES

[2019] 11 S.C.R. 809 · 2019 INSC 964

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Summary

The Court upheld rejection of an employee’s challenge, brought in 2013, to his 2000 removal from AIIMS following a theft conviction. Alleged invalidity of retrospective removal did not dispense with statutory limitation. An unanswered service appeal, later representations and settlement-based quashing of a separate FIR did not preserve or revive the challenge. Pension forfeiture resulting from punitive termination was not a continuing wrong permitting this stale challenge.

Issues

  1. Whether a challenge to retrospective removal could be brought after thirteen years on the assertion that the order was void.
  2. Whether an unanswered appeal, later representations, quashing of a separate FIR or withholding of pension saved limitation.

Provisions considered

Held

Result

Appeal dismissed; High Court judgment setting aside the Tribunal’s relief affirmed. The belated removal challenge failed on limitation; separate gratuity/provident-fund entitlement not determined for the first time on appeal.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 809.