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july 1987

Supreme Court of India · 1987-07-31

BAKSHI SARDARI LAL (DEAD) THROUGH LRs& ORS. ETC. vs UNION OF INDIA & ANR.

Citation / case number
SC 1974/60473
Court
Supreme Court of India
Petitioner
BAKSHI SARDARI LAL (DEAD) THROUGH LRs& ORS. ETC.
Respondent
UNION OF INDIA & ANR.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that the President's order of dismissal was valid as it was based on the aid and advice of the Council of Ministers, not personal satisfaction, thus aligning with the principles established in Shamsher Singh's case. The Court clarified that a fresh order of dismissal could be issued without prior leave of the Court after rectifying earlier legal defects. It emphasized the necessity of recording reasons for satisfaction under Article 311(2) of the Constitution, ruling that while communication of reasons is advisable, it is not mandatory. The Court found no malafides in the dismissal process, affirming the importance of discipline within the police force.

BAKSHI SARDARI LAL (DEAD) THROUGH LRs& ORS. ETC. vs UNION OF INDIA & ANR. · Niyam