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july 1976

Supreme Court of India · 1976-07-30

UNION OF INDIA & ANR. vs K.S. SUBRAMANIAN

Citation / case number
SC 1975/60410
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ANR.
Respondent
K.S. SUBRAMANIAN
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court held that the Central Civil Service (Classification, Control and Appeal) Rules, 1965, are applicable only when disciplinary proceedings are initiated, and do not mandate such proceedings for termination of service. The Court clarified that mere termination of a permanent government servant's service does not equate to punishment unless there is a finding of wrongdoing or incompetence. It was determined that the respondent's termination was lawful as it did not involve disciplinary action, and the provisions of Article 311 of the Constitution do not apply to him as he held a post connected with defense.

UNION OF INDIA & ANR. vs K.S. SUBRAMANIAN · Niyam