HINDUSTAN PAPER CORPN. vs PURNENDU CHAKROBARTY & OS — C.A. No. 13389/1996

Case under Section XIV-A. Status: Disposed.

Disposed

CNR: SCIN010030121996

Filing Date

11-Mar-1996

Registration No

C.A. No. 13389/1996

Diary Number

3012/1996

Order Date

30-Oct-1996

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 31-May-2026

Acts & Sections

Section XIV-A

Petitioner(s)

  1. 1.HINDUSTAN PAPER CORPN.

    Adv. RAJESH

Respondent(s)

  1. 1.PURNENDU CHAKROBARTY & OS

    Adv. SANJAY PARIKH (Dead / Retired / Elevated)

Case History

  1. Case disposedDisposed

  2. 30-Oct-1996

    Judgment - of Main CaseView PDF

  3. 11-Mar-1996

    Case filed

    Registration No. C.A. No. 13389/1996

casestatus.in Summary

Case Summary: Hindustan Paper Corporation v. Purnendu Chakrobarty Decision: The Supreme Court allowed the appeal and upheld Hindustan Paper Corporation's termination order invoking Rule 23(vi)(E), which results in loss of lien due to unauthorized absence exceeding 8 consecutive days. However, the Court modified the relief by directing the corporation to grant the respondent compulsory retirement benefits and pensionary entitlements as of January 5, 1989, rather than outright dismissal. Key Reasoning: The respondent proceeded on leave without prior sanction and remained absent for over 6 months without valid medical documentation while facing criminal charges for murder. Although Rule 23(vi)(E) is not classified as a penalty and thus doesn't require a formal inquiry, the Court held it must comply with natural justice principles. Since the corporation gave a show-cause notice and the respondent's inadequate response failed to justify the prolonged absence, the action was justified. The modified relief was granted considering the respondent's service record and imminent retirement. This case analysis is maintained by casestatus.in based on publicly available court records.

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