Supreme Court of India · 1973-08-27
M. RAMANATHA PILLAI vs THE STATE OF KERALA & ANR.(With connected appeals)
- Citation / case number
- SC 1971/60217
- Court
- Supreme Court of India
- Petitioner
- M. RAMANATHA PILLAI
- Respondent
- THE STATE OF KERALA & ANR.(With connected appeals)
- Bench
- SIKRI, S.M. (CJ),MATHEW, KUTTYIL KURIEN,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.,CHANDRACHUD, Y.V.
Judgment text excerpt
The Supreme Court held that a government has the sovereign right to abolish a post in the interest of internal administration, as per Article 310 of the Constitution. The Court clarified that the protections under Article 311 are limited to major penalties like dismissal and removal, and that abolition of a post does not constitute such penalties. It was established that a government servant's service cannot be terminated without due process unless the post is abolished, which is an executive policy decision and does not require a show cause notice under Article 311.