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july 1983

Supreme Court of India · 1983-07-07

STATE OF MAHARASHTRA vs CHANDRABHAN TALE

Citation / case number
SC 1977/61723
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
CHANDRABHAN TALE
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court examined the constitutionality of the second proviso to Rule 151 of the Bombay Civil Services Rules, 1959, which reduces the subsistence allowance to one rupee per month for government servants convicted and sentenced to imprisonment. The Court held that the phrase 'sentenced to imprisonment' does not apply to those who are on bail pending appeal and have not been imprisoned. Consequently, the Court ruled that the reduced allowance was unconstitutional for those not actually imprisoned, affirming the right to a fair subsistence allowance until acquittal or reinstatement.

STATE OF MAHARASHTRA vs CHANDRABHAN TALE · Niyam