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april 1963

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.

S.R. TEWARI vs DISTRICT BOARD AGRA AND ANOTHER · Niyam