Supreme Court of India · 1966-03-09
STATE OF UTTAR PRADESH vs AKBAR ALI KHAN
- Citation / case number
- SC 1965/17
- Court
- Supreme Court of India
- Petitioner
- STATE OF UTTAR PRADESH
- Respondent
- AKBAR ALI KHAN
- Author
- P.B. GAJENDRAGADKAR,K.N. WANCHOO,M. HIDAYATULLAHC. SHAH,S.M. SIKRI
- Bench
- P.B. GAJENDRAGADKAR, CJ,K.N. WANCHOO,M. HIDAYATULLAH,J.C. SHAH,S.M. SIKRI
Judgment text excerpt
The Supreme Court held that the termination of probation under Rule 12 of the U.P. Subordinate Revenue Executive Service (Tehsildars) Rules, 1944, does not require an express order for confirmation if no extension is granted. The Court found that the Governor's order terminating probation and stopping promotion was invalid as it violated Article 311 of the Constitution, which mandates due process in disciplinary actions. The Court reversed the High Court's decision, affirming that the termination of probation was lawful and did not constitute a punishment requiring compliance with Article 311.