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february 1987

Supreme Court of India · 1987-02-25

STATE OF UTTAR PRADESH vs BRAHMA DATT SHARMA AND ANR.

Citation / case number
SC 1987/71057
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
BRAHMA DATT SHARMA AND ANR.
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court held that a show cause notice issued to a government servant under statutory provisions must be respected, allowing the individual to present their case before the authority. The Court ruled that the High Court erred in interfering with the show cause notice after the dismissal order had been quashed, emphasizing that the respondent should have filed a separate petition under Article 226 for grievances related to the notice. The Court clarified that retirement does not absolve a government servant from accountability for misconduct, and actions can be taken under Civil Service Regulations even post-retirement.

STATE OF UTTAR PRADESH vs BRAHMA DATT SHARMA AND ANR. · Niyam