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august 1976

Supreme Court of India · 1976-08-30

BALDEV RAJ GULIANI & OTHERS vs THE PUNJAB & HARYANA HIGH COURT & OTHERS

Citation / case number
SC 1975/60632
Court
Supreme Court of India
Petitioner
BALDEV RAJ GULIANI & OTHERS
Respondent
THE PUNJAB & HARYANA HIGH COURT & OTHERS
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the Governor's order of reinstatement of the appellant, a member of the Subordinate Judicial Service, was void as it was not in accordance with Article 235 of the Constitution. The Court clarified that while the Governor typically follows the High Court's recommendations, he retains the authority to reconsider matters under extraordinary circumstances. The Court also ruled that the appellant was not entitled to full salary up to the date of compulsory retirement since the order of suspension did not merge with the reinstatement order, as the latter was deemed non-est.

BALDEV RAJ GULIANI & OTHERS vs THE PUNJAB & HARYANA HIGH COURT & OTHERS · Niyam