Supreme Court of India · 1963-04-15
S.R. TEWARI vs DISTRICT BOARD AGRA AND ANOTHER
- Citation / case number
- SC 1962/181
- Court
- Supreme Court of India
- Petitioner
- S.R. TEWARI
- Respondent
- DISTRICT BOARD AGRA AND ANOTHER
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under the U.P. District Boards Act, 1922, specifically Sections 82 and 84, the District Board had the authority to terminate the employment of its Engineer by providing notice, as the power to appoint includes the power to terminate. The Court clarified that the procedure for dismissal, which requires a show cause notice, does not apply to termination of service under the rules. The High Court's jurisdiction under Article 226 allows it to declare the termination invalid if it breaches a statutory obligation, affirming the appellant's employment was not lawfully terminated.