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april 1961

Supreme Court of India · 1961-04-12

SHRI MADHAV LAXMAN VAIKUNTHE V. vs THE STATE OF MYSORE

Citation / case number
SC 1960/43
Court
Supreme Court of India
Petitioner
SHRI MADHAV LAXMAN VAIKUNTHE V.
Respondent
THE STATE OF MYSORE
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the order of reversion of the appellant, a Mamlatdar officiating as District Deputy Collector, was void due to non-compliance with Section 240(3) of the Government of India Act, 1935, which corresponds to Article 311(2) of the Constitution. The Court established that the appellant faced 'evil consequences' from the reversion, impacting his seniority and promotion, thus qualifying as punishment. The claim for arrears of salary was limited to three years prior to retirement under Article 102 of the Indian Limitation Act, 1908, and the appellant was entitled only to that amount.

SHRI MADHAV LAXMAN VAIKUNTHE V. vs THE STATE OF MYSORE · Niyam