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april 1975

Supreme Court of India · 1975-04-30

UTTAR PRADESH GOVERNMENT vs SABIR HUSSAIN

Citation / case number
SC 1968/60465
Court
Supreme Court of India
Petitioner
UTTAR PRADESH GOVERNMENT
Respondent
SABIR HUSSAIN
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that Section 240 of the Government of India Act, 1935 mandates that no person shall be dismissed or reduced in rank without being given a reasonable opportunity to show cause. The Court affirmed the High Court's decision that the respondent was denied this opportunity, as he was not provided with copies of the inquiry report, leading to serious prejudice. The Court clarified that 'removal' and 'dismissal' are synonymous in this context, thus the protections under Section 240 apply to cases of removal as well.

UTTAR PRADESH GOVERNMENT vs SABIR HUSSAIN · Niyam