Supreme Court of India · 1984-01-24
ANOOP JAISWAL vs GOVERNMENT OF INDIA & ANR.
- Citation / case number
- SC 1982/63762
- Court
- Supreme Court of India
- Petitioner
- ANOOP JAISWAL
- Respondent
- GOVERNMENT OF INDIA & ANR.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the order of discharge of the appellant from the Indian Police Service was effectively a dismissal for misconduct, requiring adherence to the procedural safeguards under Article 311(2) of the Constitution. The Court emphasized that the form of the order should not obscure its true character, and it is within the Court's purview to investigate the nature of the order. Consequently, the Court set aside the discharge order, affirming that the appellant was entitled to an inquiry before such a punitive action could be taken.