Supreme Court of India · 1971-05-04
DEOKINANDAN PRASAD vs STATE OF BIHAR & ORS.
- Citation / case number
- SC 1968/60408
- Court
- Supreme Court of India
- Petitioner
- DEOKINANDAN PRASAD
- Respondent
- STATE OF BIHAR & ORS.
- Author
- SIKRI, S.M. (),MITTER, G.K.,VAIDYIALINGAM, C.A.,REDDY, P. JAGANMOHAN,DUA, I.D.
- Bench
- SIKRI, S.M. (CJ),MITTER, G.K.,VAIDYIALINGAM, C.A.,REDDY, P. JAGANMOHAN,DUA, I.D.
Judgment text excerpt
The Supreme Court held that the order dated August 5, 1966, declaring the petitioner ceased to be in government service under Rule 76 of the Bihar Service Code was erroneous, as the petitioner was not continuously absent from duty for over five years. The Court emphasized that the absence must be continuous and that the petitioner had been prevented from joining duty due to the respondent's inaction. The Court set aside the order and clarified that Article 311 applies even in cases of automatic termination of service, ensuring protection against arbitrary dismissal.