Supreme Court of India · 1960-07-28
DALIP SINGH vs THE STATE OF PUNJAB.
- Citation / case number
- SC 1958/4
- Court
- Supreme Court of India
- Petitioner
- DALIP SINGH
- Respondent
- THE STATE OF PUNJAB.
- Author
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.
- Bench
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the compulsory retirement of the appellant, Sardar Dalip Singh, did not amount to dismissal or removal from service under Article 311(2) of the Constitution. The Court established two tests for such determinations: (1) whether the retirement was based on punishment or charges against the officer, and (2) whether the officer lost any benefits earned. Since the retirement was not based on any misconduct charges and the officer was granted full pension, the order was deemed valid under Rule 278 of the Patiala State Regulations, 1931.