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march 1961

Supreme Court of India · 1961-03-06

JAGANNATH PRASAD SHARMA vs STATE OF UTTAR PRADESH AND OTHERS.

Citation / case number
SC 1957/60065
Court
Supreme Court of India
Petitioner
JAGANNATH PRASAD SHARMA
Respondent
STATE OF UTTAR PRADESH AND OTHERS.
Author
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.,AYYANGAR, N. RAJAGOPALA
Bench
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the dismissal of a police officer by the Governor of U.P. under the U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947, affirming that the Governor had the authority to dismiss under Section 7 of the Police Act, 1861. The Court ruled that the procedure followed did not violate Article 14 of the Constitution, as the Tribunal Rules were valid and did not adopt a more onerous procedure than the Police Regulations. The dismissal was deemed legal and valid, with the Governor's powers remaining intact post-Constitution under Article 313.

JAGANNATH PRASAD SHARMA vs STATE OF UTTAR PRADESH AND OTHERS. · Niyam