DEVENDRA PRATAP NARAIN RAI SHARMA vs STATE OF UTTAR PRADESH

The Supreme Court held that the State Government was competent to direct a fresh enquiry against a public servant for dereliction of duty, despite a prior dismissal being declared invalid by a Civil Court. The Court ruled that the public servant must be treated as never having been lawfully dismissed, thus entitled to full salary for the period of suspension. The Court clarified that Rule 54 of the Uttar Pradesh Government Fundamental Rules does not apply when a dismissal is invalidated by a Civil Court decree, emphasizing the necessity of following Article 311 procedures for any punitive measures.