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december 1978

Supreme Court of India · 1978-12-15

MOHD RASHID AHMAD ETC. vs STATE OF U.P. & ANR.

Citation / case number
SC 1969/60377
Court
Supreme Court of India
Petitioner
MOHD RASHID AHMAD ETC.
Respondent
STATE OF U.P. & ANR.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court examined the U.P. Nagar Mahapalika Adhiniyam, 1959, and the U.P. Municipalities Act, 1916, particularly focusing on Section 112A and Section 69B, which empower the State Government to create Centralised Palika Services and regulate the recruitment and conditions of service. The Court held that Rule 6(2)(iii) imposes a quasi-judicial duty on the State Government, necessitating adherence to the principles of natural justice. The retrospective amendments to Rule 6 were validated, confirming the State's authority to amend rules and the legal fiction of deemed absorption of officers if final orders were not passed by the stipulated dates.

MOHD RASHID AHMAD ETC. vs STATE OF U.P. & ANR. · Niyam