Supreme Court of India · 1957-09-20
STATE OF U. P. vs MANBODHAN LAL SRIVASTAVA.
- Citation / case number
- SC 1955/88
- Court
- Supreme Court of India
- Petitioner
- STATE OF U. P.
- Respondent
- MANBODHAN LAL SRIVASTAVA.
- Bench
- DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,KAPUR, J.L.,SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that the consultation of the State Public Service Commission under Article 320(3)(c) of the Constitution is mandatory before imposing a penalty under Article 311(2). The Court affirmed the High Court's finding that the Government's order was invalid due to non-compliance with the consultation requirement, as the Commission was not provided with the respondent's written explanation after the second show-cause notice. The appeal was dismissed, and the additional evidence sought by the appellant was not admitted.