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december 1971

Supreme Court of India · 1971-12-07

P. R. NAYAK vs UNION OF INDIA

Citation / case number
SC 1971/60286
Court
Supreme Court of India
Petitioner
P. R. NAYAK
Respondent
UNION OF INDIA
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that the suspension of a civil servant under Rule 3 of the All India Services (Discipline and Appeal) Rules, 1969, is not permissible when disciplinary proceedings are merely contemplated without a prima facie case established. The Court found that the appellant's rights and privileges were adversely affected by the suspension order, which violated the principles of natural justice. Consequently, the Court quashed the suspension order, emphasizing that the inherent power of suspension must align with statutory provisions and cannot infringe upon the civil servant's rights under Article 14 of the Constitution.

P. R. NAYAK vs UNION OF INDIA · Niyam