TMI Blog2006 (4) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Managing Director had been ratified by the Board of Directors such ratification related back to the date of the order and validated it. Thus, this appeal is allowed, the impugned judgment and order of the High Court is quashed, and the dismissal order dated 25.1.1991 is upheld. - HON'BLE RUMA PAL, DALVEER BHANDARI AND MARKANDEY KATJU, JJ. For the Petitioner(s) : Mr. Manish Pitale, Adv., Mr. Chander Shekhar Ashri,Adv. For the Respondent(s) : Mr. A.K. Sanghi, Adv. JUDGMENT 1. Leave granted. 2. The respondent was employed by the appellant. On the basis that the respondent had indulged in various activities of misconduct, he was placed under suspension pending disciplinary enquiry. The respondent was served with a charge-s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s incompetent to do so. 4. In the writ petition the respondent had taken several grounds for challenging the dismissal order for example, that the relevant documents were not supplied, that he was not allowed to cross-examine the witnesses, that he was not allowed to engage a lawyer etc. However, a perusal of paragraph 6 of the impugned judgment of the High Court shows that the writ petitioner did not press any of the grounds. The only ground which was pressed was that the order of dismissal was passed by the Managing Director of the appellant, who had no authority or power to do so, as the same was vested in the Board of Directors of the appellant. In view of the fact that the respondent had not pressed these grounds before the High Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngineer (1979) 4 SCC 289 in support of this contention. 6. The High Court was right when it held that an act by a legally incompetent authority is invalid. But it was entirely wrong in holding that such an invalid act cannot be subsequently rectified by ratification of the competent authority. Ratification by definition means the making valid of an act already done. The principle is derived from the Latin maxim Ratihabitio priori mandato aequiparatur namely a subsequent ratification of an act is equivalent to a prior authority to perform such act . Therefore ratification assumes an invalid act which is retrospectively validated. 7. In Parmeshwari Prasad Gupta, the services of the General Manager of a company had been terminated by the Chair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The same view has been expressed in several cases in other jurisdictions. Thus in Hartman vs. Hornsby (142 Mo 368, 44 SW 242, 244) it was said Ratification in the approval by act, word, or conduct, of that which was attempted (of accomplishment), but which was improperly or unauthorizedly performed in the first instance . 8. In the present case, the Managing Director s order dismissing the respondent from the service was admittedly ratified by the Board of Directors on 20th February 1991, and the Board of Directors unquestionably had the power to terminate the services of the respondent. On the basis of the authorities noted, it must follow that since the order of the Managing Director had been ratified by the Board of Directors such ratif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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