HINDUSTAN PAPER CORPN. vs PURNENDU CHAKROBARTY & OS — C.A. No. 13389/1996
Case under Section XIV-A. Status: 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
Petitioner(s)
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1.HINDUSTAN PAPER CORPN.
Adv. RAJESH
Respondent(s)
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1.PURNENDU CHAKROBARTY & OS
Adv. SANJAY PARIKH (Dead / Retired / Elevated)
Case History
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Case disposedDisposed
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30-Oct-1996
Judgment - of Main CaseView PDF
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11-Mar-1996
Case filed
Registration No. C.A. No. 13389/1996
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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