Supreme Court of India · 1976-08-05
STATE OF ANDHRA PRADESH vs S.N. NIZAMUDDIN ALl KHAN
- Citation / case number
- SC 1968/60219
- Court
- Supreme Court of India
- Petitioner
- STATE OF ANDHRA PRADESH
- Respondent
- S.N. NIZAMUDDIN ALl KHAN
- Author
- A.N. () RAY
- Bench
- A.N. (CJ) RAY
Judgment text excerpt
The Supreme Court held that the order of compulsory retirement of the respondent was illegal as it violated Article 311(2) of the Constitution, which mandates a reasonable opportunity to be given before imposing such penalties. The Court found that the Chief Justice acted ultra vires by initiating the departmental enquiry without the Administrative Bench's involvement and by considering extraneous matters in the report. The Court upheld the High Court's decision to set aside the retirement order and granted the respondent arrears of salary.