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september 1965

Supreme Court of India · 1965-09-16

JAI SHANKER vs SATATE OF RAJASTHAN

Citation / case number
SC 1964/90378
Court
Supreme Court of India
Petitioner
JAI SHANKER
Respondent
SATATE OF RAJASTHAN
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that the automatic termination of service under Regulation 13 of the Jodhpur Service Regulations does not exempt the State from complying with the procedural safeguards of Article 311 of the Constitution. The Court emphasized that any removal from service, especially when it involves punishment for overstaying leave, necessitates an opportunity for the employee to defend against such action. The appellant's removal was declared illegal as it violated the constitutional protection afforded to government employees under Article 311.

JAI SHANKER vs SATATE OF RAJASTHAN · Niyam