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october 1962

Supreme Court of India · 1962-10-19

STATE OF ORISSA vs BIDYABHUJSHAN MOHAPATRA

Citation / case number
SC 1962/25
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
BIDYABHUJSHAN MOHAPATRA
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the Orissa Disciplinary Proceeding (Administrative Tribunal) Rules, 1951, are not discriminatory despite the absence of an appeal right under these rules compared to the Civil Services (Classification, Control and Appeal) Rules, 1930. The Court established that the existence of two parallel procedures does not imply unlawful discrimination, as both sets of rules are substantively similar. Furthermore, the High Court lacks the authority to direct the Governor to reconsider the punishment imposed, as it can only assess whether constitutional guarantees were violated, not the appropriateness of the penalty itself.

STATE OF ORISSA vs BIDYABHUJSHAN MOHAPATRA · Niyam