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march 1966

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.

STATE OF UTTAR PRADESH vs AKBAR ALI KHAN · Niyam